Chapter II
Chapter II: GENERAL STANDARDS OF PERFORMANCE
SECTION I - ENVIRONMENTAL
Soil Suitability
Prevention of Erosion
Mineral Exploration, Excavation and Gravel Pits
Floodplain Management
Shoreland Area Protection
Waste water pollution
Air pollution
Noise abatement
Buffer Areas
SECTION II - PARKING, LOADING AND TRAFFIC
Off-Street Parking Standards
Off-Street Loading Standards
Access and Parking Layout
Corner Clearances
Future Roads
SECTION III - SIGNS
Residential
Non-residential
Industrial Park Identification Signs
Portable Signs
General
SECTION IV - RESIDENTIAL
Clustered Residential Development
Performance Standards for Multi-family Housing
Accessory Apartments
SECTION V - MINIMUM STANDARDS FOR THE DESIGN AND CONSTRUCTION OF STREETS AND WAYS
Purpose
General
Access to Adjoining Land
Definitions
Acceptance of Streets and Ways
Street Design Standards - Public Ways
Street Construction Standards and Specifications
Standards for Private Ways
Subdivision, Private Way and Site Construction Monitoring of Public Improvements
SECTION VI - SEASONAL AND RECREATIONAL
Campgrounds and Trailer Parks
SECTION VII - INSTALLATION OF MANUFACTURED HOUSING UNITS
SECTION VIII - INDEPENDENT CONSULTING AND PEER REVIEW FEES
SECTION IX - THE PROVISION OF PUBLIC WATER SUPPLY
SECTION X - FIRE PROTECTION WATER SUPPLY
CHAPTER II GENERAL STANDARDS OF PERFORMANCE
In case of doubt, the Code Enforcement Officer may employ such independent, recognized consultant necessary, after prior notification to and at the expense of the applicant, to assure compliance with all requirements of this Code related to the public health, safety and welfare and the abatement of nuisances. The estimated costs of such studies shall be deposited with the Town prior to their undertaking. To ensure compliance with all requirements of this Chapter, which are intended to protect the public health, safety, and welfare and promote the abatement of nuisances, the Town may, by ordinance, require an applicant for such municipal permits to deposit funds with the Town to cover costs associated with independent consulting or peer review, in accordance with Section VIII of this Chapter.
SECTION I - ENVIRONMENTAL
A. SOIL SUITABILITY
1) In all districts, the approval of building permit applications shall be subject to evidence of satisfactory subsurface soil conditions for drainage and sewage disposal, and where on-site septic disposal is proposed shall be subject to prior obtainment of a plumbing permit.
2) The soil shall be suitable for the intended uses. Soils as identified by the National Cooperative Soil Survey Classification shall be considered suitable when rated "fair" and "good" for the specific uses proposed in the current Soil Suitability Guide for Land Use Planning in Maine, issued by the Soil Conservation Service of the U. S. Department of Agriculture, which document is embraced and made part of this Code. It is further understood that soil with "slight" or "moderate" limitations for septic sewage disposal shall be suitable as set forth in the Interim Soil Survey Report for Gorham Township, issued by the Cumberland County Soil and Water
Conservation District, dated 1970, which document is also embraced and made part of this Code.
3) The requirements and standards of the State of Maine Department of Environmental Protection shall be met.
4) Where site limitations are shown to be severe or very severe in accordance with the aforementioned requirements, guidelines and standards, approval of the building permit application shall require remedial measures which in turn shall comply fully with all applicable codes for health, sanitation, plumbing, conservation, erosion control and pollution prevention and abatement. In no instance shall a septic disposal system be allowed in soil rated "poor" or "very poor for such purpose in the current Soil Suitability Guide, although it is recognized that in some cases modification of such soil may be possible to effect a change of soil characteristics adequate for the installation of a
septic disposal system as may be permitted in accordance with other provisions of this Code
B. PREVENTION OF EROSION
1) No person shall perform any act or use of the land in a manner which would cause substantial or avoidable erosion, create a nuisance, or alter existing patterns of natural water flow in the Town. This shall not affect any extractive operations complying with the standards of performance specified elsewhere in this Code.
2) All development shall generally comply with the following guidelines for prevention of erosion:
a) Select a site with the right soil properties, including natural drainage and topography, for the intended use.
b) Utilize for open space uses those areas with soil unsuitable for construction.
c) Preserve trees and other vegetation wherever possible.
d) Hold lot grading to a minimum by fitting the development to the natural contour of the land; avoid substantial areas of excessive grade.
e) Spread jute matting or straw during construction in critical areas subject to erosion.
f) Construct sediment basins to trap sediment from run-off waters during development. Expose as small an area of subsoil as possible at any one time during development and for as short a period as possible.
g) Provide for disposing of increased run-off caused by changed land formation, paving and construction, and for avoiding sedimentation of run-off channels, on or off the site.
h) Plant permanent vegetation and install structures as soon as possible for the purpose of soil stabilization and re-vegetation adequate to meet the minimum standards of the Cumberland County Soil and Water Conservation District Technical Guide, Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices, and subsequent amendments thereto.
C. MINERAL EXPLORATION, EXCAVATION AND GRAVEL PITS
1) Purpose - The purpose of this ordinance is to regulate both new and existing sand and gravel and other quarrying operations, including the removal, processing and storage of topsoil or loam, rock, sand, gravel and other earth materials hereinafter "gravel pit"). These regulations are intended to protect the quality and quantity of ground and surface waters, control erosion, provide for the reclamation and rehabilitation of new and existing pits for future uses compatible with the surrounding neighborhood, and to minimize any adverse impact of such pit operations on adjacent and nearby properties.
2) Application - This ordinance, including the operational requirements of Section 5 and the reclamation requirement of Section 6 as provided therein, shall apply to all gravel pit operations in existence on the effective date of this ordinance as well as new operations. To qualify as an existing pit operation, the pit must be a lawful use under the Zoning Ordinance at August 5, 1989, must have been in operation at some time over the five (5) years immediately preceding August 5, 1989, must have been in full compliance with all Town ordinances during all such times of operation, and had at least one thousand (1,000) cubic yards of earth materials lawfully removed from the site during that time. This
ordinance shall not, however, apply to the following activities:
a) Excavation, the sole purpose of which is to determine the nature or extent of mineral resources, which is accomplished by hand-sampling, test boring or other methods which create minimal disturbance. Test holes shall be filled in immediately after use.
b) Excavation necessarily incident to construction, alteration, or grading for which a building permit has been issued.
c) The excavation of earth materials from one portion of a lot for use on another portion of the same lot, for use on a contiguous lot of the same owner, or for agricultural use on another lot of the same owner.
d) The removal of less than two hundred cubic yards of material (except topsoil) in any one year from any single tract of land, provided such removal does not disturb more than one (1) acre of land.
The removal of any amount of topsoil or loam from a site is not an exempt activity unless it is undertaken as part of an approved construction project, is part of normal farm operations or the topsoil or loam is being moved to a contiguous site having the same ownership.
No site plan review shall be required for any earth material extraction/processing project reviewed under this Ordinance.
In the case of multiple successive pits on the same property, all such pits shall be deemed part of a single pit operation for all purposes under this ordinance except for such pits as have been fully reclaimed pursuant to Section 6 for at least five (5) years.
3) Existing Pit Registration: Application for Expansion of
Existing Pit Operations
a) Registration Requirements
(1) Within one hundred eighty (180) days of August 1, 1989 all gravel pit operations existing as of that date shall be registered with the Planning Board and submit the following:
(a) initial registration fee of $200.00;
(b) names and addresses of the current owner of the property and the pit operator, and a copy of the deed or lease if the operator is not the property owner;
(c) evidence that the pit qualifies as an existing operation as defined above, surface area, depth and slope ratios of the operation as of August 5, 1989. The registrant shall also provide evidence of the amount of earth materials annually excavated, whether processing of materials is done on the site and the nature and amount of that processing, the average daily number of trucks taking materials out or bringing materials to the site (each listed separately and based on regular calendar quarters, and the number of employees working the pit. The registrant shall submit
such evidence as will satisfy the requirements of this section including the most recent aerial photographs of the Town unless the registrant can otherwise demonstrate to the satisfaction of the Planning Board full documentation of all the required data.
(d) for existing pits larger than five (5) acres or more surface area of August 5, 1989, a reclamation program must be submitted and approved by the Town Engineer based on his determination that the proposed program will adequately provide for slope stability, soil erosion and
sedimentation control.
(2) Any operation not registered, or which fails to qualify to be registered, pursuant to this section shall be deemed closed and may not after such 180 day period continue or resume operation except as provided in Section 4 below. Upon written application to the Planning Board and for good cause shown, demonstrating an inability to meet the initial registration deadline, the Planning Board may extend the period of registration to one year from the effective date of this ordinance. The additional fee for such late registration shall be $100.00.
(3) The Planning Board shall review all such registration applications and, if the registrant has demonstrated compliance with all applicable submission requirements, issue a certificate of registration to the applicant. Thereafter the pit may continue to operate subject only to the renewal provisions and, as applicable, the expansion and reclamation requirements otherwise provided in the ordinance.
(4) The Planning Board shall maintain a permanent record of all such submissions and registrations, and no gravel pit may operate, after such 180 day period unless listed thereon or approved under Section 4. Further, all such registration must be renewed annually on the anniversary of the original registration date by the Town Engineer and the CEO or his designate pursuant to such forms as the Planning Board shall provide or the pit shall be deemed closed in which case the provisions of Subsection (a)(2) above shall control. The renewal fee shall be in such amount(s) and for such purpose(s) as the Town Council may
from time to time establish by Council order.1
b) Expansion of Existing Operations
(1) Permit Application Requirements. No gravel pit operation existing as of August 5, 1989 may expand without first obtaining an Expansion of Existing Pit permit from the Planning Board. For pits less than five (5) acres in surface area as of (effective date), expansion is defined as an increase to five (5) acres, then an additional fifty percent (50%) in surface area: for pits larger than five (5) acres, expansion is defined as an increase of fifty percent (50%) surface area or four additional acres, whichever comes first. The applicant shall submit the following to the Planning Board:
(A) application fee in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order;2
(B) names and addresses of the current owner of the property and of the current operator, and copy of the deed or lease agreement if the operator is not the owner;
(C) a site plan, drawn to scale, showing the location and boundaries of the property, the existing excavated area, all areas intended for expansion of excavation (with surface area measurement) and, where the expansion area itself is to exceed five (5) acres, a boundary survey of the area proposed for expansion; an estimated time schedule for future excavation, reclamation and closure; parking areas and road access to the excavation site, exposed ground water, all temporary and permanent structures located on the property, and any accessory activities related to the
operation, including the processing of materials brought to the site from another location; and other applicable site plan review requirements of Chapter IV, Section VI;
(D) a plan showing how access to the site will be controlled;
(E) a plan showing the location of hazardous materials and provisions for safe storage; no hazardous materials shall be located or stored such that they will enter the ground water table;
(F) an erosion and sedimentation control plan designed to the standards of the Cumberland County Soil and Water Conservation District;
(G) a reclamation plan pursuant to Section 6 of this section:
(H) identification of all required state and/or federal permits, including, if applicable, a Department of Environmental Protection permit;
(I) a performance guarantee in the form of a bond, letter of credit, or such other financial instrument as deemed satisfactory by the Town Manager covering the cost of the reclamation plan;
(J) a list of all abutting property owners;
(K) for expansion of five (5) acres or more, the applicant shall also comply with the submission requirements of Section 4(a)(l0).
(2) Plan Review
(a) The Planning Board shall review each application for a permit for Expansion of Existing Pit according to the special exception approval standards of Section IV(E) of Chapter I, site plan approval standards of Section IX(B, C, D, F, J. M and P)1 of Chapter IV, and the other applicable requirements of this Ordinance. The Planning Board shall hold a public hearing on the same. Notice shall be sent to all abutting property owners and all owners of property within 500 feet no less than fourteen (14) days in advance of the hearing. Failure of any property
owner to receive notice shall not invalidate the hearing. It shall be the
applicant's burden to prove compliance with each of these approval standards.
(b) To help recover costs incurred by the Town in the review, administration, site inspection, and public notice associated with the Expansion of an Existing Pit application, the following fees and deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order shall be paid by the applicant to the Town of Gorham at the time of filing the Expansion of an Existing Pit application:
1. Publishing and public notice fee;
2. Review fee; and
3. Independent consulting and peer review escrow account to be established with the Town in accordance with Chapter II, Section VIII of this Code.
All fees shall be non-refundable except unexpended escrow deposits, which shall be refunded in accordance with Chapter II, Section VIII, Subsection B of this Code. If an Expansion of an Existing Pit application is also subject to subdivision review, site plan or municipal review under any other ordinance, the applicant shall pay only the later review fee amount exclusive of escrow deposit.1
(c) The Planning Board shall approve, deny or approve with conditions any such application
within ninety (90) days of its public hearing provided any such conditions of approval directly relate to the specific approval standards contained in this ordinance. Where considered necessary by the Planning Board to determine compliance with the approval standards, the Board may require additional information be provided by the applicant.
c) Registration/Expansion Exemption
Notwithstanding other requirements of Section 3 to the contrary, no gravel pit which has actually obtained D.E.P. site location approval within the two (2) years immediately preceding August 5, 1989 need obtain any registration or expansion permits under this Section, provided the D.E.P. permit and application plans as approved are filed with the C.E.O. Such plans shall be deemed registered and approved by the Town provided any changes shall thereafter require Town approval.
4) Application for New Pit Operations
a) Permit Application Requirements. No new gravel pit or pre-existing pit which failed to meet registration requirements of Section 3 may commence operations without first applying to the Planning Board for a new pit operations permit. The following shall be submitted with the permit application:
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(1) initial application fee in such amount(s) and for such purpose(s) as the Town Council may from
time to time establish by Council order;1
(2) names and addresses of current owner of the property and the current operator of the operation, and a copy of the deed or lease agreement if the operator is not the owner:
(3) a site plan, drawn to a scale of one inch to one hundred feet, showing the location and boundaries of the property; the boundaries of proposed excavation areas (a boundary survey shall be required for any proposed pit in excess of five (5) acres); the present use of the entire property including any existing excavated areas; present uses of adjacent property; the location of all proposed access roads, parking areas and temporary and permanent structures; the type and location of all existing surface and ground water, including location of existing wells and streams, drainage ways, and depth to ground water at the site of the proposed excavation as determined
by test borings and other geotechnical methods; the contours of the land within and extending beyond the boundaries of the parcel for two hundred (200) feet at five (5) foot contour intervals, or at intervals acceptable for a Department of Environmental Protection permit application; and the location of all proposed hazardous material storage areas; and other applicable site plan review requirements of Chapter IV, Section VI.
(4) A plan for controlling access to the site. The Planning Board may impose such additional access limitations as the particular circumstances of the proposed operation require to meet approval standards of Section 4.b. At a minimum, a solid gate with a lock shall be located at all entrances;
(5) An operations statement, which shall include the approximate date of commencement of excavation and the duration of the operation, proposed phasing of the operation, proposed hours and days of operation, the estimated volume of the excavation, the method of extracting and processing, including the disposition of topsoil or loam, the equipment proposed to be used in the operations, and the operating practices proposed to be used to prevent surface or groundwater pollution, and minimize noise, dust, air contaminates and vibration;
(6) an erosion and sedimentation control plan designed to standards of the Cumberland County Soil
and Water Conservation District;
(7) a final reclamation plan pursuant to Section 6 or this section:
(8) identification of all required State and/or Federal permits, including, if applicable, a Department of
Environmental Protection permit;
(9) a performance guarantee in the form of a bond, letter of credit, or such other financial instrument
as deemed satisfactory by the Town Manager covering the cost of the reclamation plan;
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(10) for new pits of five (5) acres or more, the following additional submissions are required:
(a) A hydro geological study which shows the depth of ground water throughout the site and establishes that the gravel pit operation will not cause any pollution to ground water and/or surface water.
(b) A traffic study which sets forth what the maximum estimated volume of traffic into and out of the pit will be, which describes the kinds of trucks and equipment which will be going into and out of the pit, which describes any existing or potential traffic hazards on roads servicing the site and applicant's plans to address them, and which describes the ability of such roads physically to withstand the additional traffic generated by the site. The study shall consider the actual existing traffic condition in the vicinity of the pit.
b) Plan Review
(1) The Planning Board shall review each application for a new Pit Operations permit according to the special exception approval standards of Section IV(E) of Chapter I, site plan approval standards of Section IX(B, C, D, F, J, M and P)1 of Chapter IV and the other applicable requirements of this ordinance. The Planning Board shall hold a public hearing on the same. Notice of the hearing shall be sent to all abutting property owners and all owners of property within 500 feet no less than fourteen (14) days in advance of the hearing. Failure of any property owner to receive notice shall not invalidate the hearing. It shall be the applicant's burden
to prove compliance with each of these approval standards.
(2) To help recover costs incurred by the Town in the review, administration, site inspection, and public notice associated with the New Pit Operations application, the following fees and deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order shall be paid by the applicant to the Town of Gorham at the time of filing the New Pit Operations application:
1. Publishing and public notice fee;
2. Review fee; and
3. Independent consulting and peer review escrow account to be established with the Town in accordance with Chapter II, Section VIII of this Code.
All fees shall be non-refundable except unexpended escrow deposits, which shall be refunded in accordance with Chapter II, Section VIII, Subsection B of this Code. If a New Pit Operations application is also subject to subdivision review, site plan or
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municipal review under any other ordinance, the applicant shall pay only the later review fee amount exclusive of escrow deposit.1
(3) The Planning Board shall approve, deny or approve with conditions any such application within ninety (90) days of its public hearing provided any such conditions of approval directly relate to the specific approval standards contained in this ordinance. Where considered necessary by the Planning Board to determine compliance with the approval standards, the Board may require additional information be provided by the applicant.
5) Operational Requirements for New and Existing Pits
The following requirements apply to all gravel pits; provided, however, any existing gravel pit lawfully
inoperation at the effective date of this ordinance which does not comply with these operational requirements shall be grand fathered with regard to such deficiencies except that there shall be no grand fathered rights as to hours of operation in paragraph d, duty to minimize dust in paragraph (e), and erosion and sedimentation control as provided in paragraph (g); provided, further, any such grand fathering shall not apply to any area for which an expansion permit is required.
a) A buffer strip of 100 feet from all public rights of way and two hundred (200) feet from all other boundaries of the property is required except in the instance of a waiver as provided in this section. The slopes of the side of the pit shall be no more than 3:1. No excavation is permitted within the buffer strip except where provided for within. Natural vegetation shall be retained within the buffer area, except as recommended by a professional forester pursuant to Best Forest Management Practices and approved by the Planning Board. To the extent necessary to protect neighboring uses from dust, noise and unsightly appearance, the Planning Board may require the applicant to provide screening, berm or a
combination where there is an inadequate natural buffer. No excavation, including such operations existing at the time of adoption of this ordinance shall encroach into these buffer strips and no existing operation lawfully located within such buffer areas shall be permitted to expand closer to such line or lines. Except that applicants with new and existing excavations may apply for a waiver of the 200 foot buffer strip in any of the instances described below, and the Board shall grant such waiver in the case of
(1) two abutting working gravel pits where the Planning Board may waive the requirement for any buffer,
(2) where the pit abuts unbuildable land of a public utility provided the excavation remains at least one hundred (100) feet from the far side of the public utility's property line, and in no case shall it be any closer than ten (10) feet from the public utility’s property line.
(3) where all adjacent property owners within the area of reduced buffer agree to a lesser distance. Any such agreed upon reduction (to not less than a 10 foot buffer) will be consistent with the purposes of this ordinance in Section 1, The buffer strip may be reduced upon recording by all abutting property owners within
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the area of reduced buffer of reciprocal deeds stating that each agrees to the waiver,
(4) the applicant may apply to reduce the buffer from two hundred (200) feet to not less than one hundred (100) feet, which reduction the Planning Board shall grant, provided that the applicant demonstrates:
(a) Noise generated at the excavation site, including noise generated within the reduced setback area may not exceed an average of 75 decibels at 600 cps measured at the property boundary line during any consecutive eight-hour period. During the peak activity of 60 minutes in a 24 hour period, noise may not exceed 100 decibels at 600 cps when measured at the source.
(b) the applicant provides a satisfactory plan to control the migration of dust that results from the mining operation which may include sweeping, paving, watering or other best management practices, and
(c) the applicant has provided a satisfactory plan to visually screen the mining operation from properties adjacent to the area proposed for a reduced buffer. Screening may include maintenance of existing vegetation, growth, or in-fill planting to increase density of vegetation, the placement of earth berm or other best management practices.1
b) Excavation shall not extend below an elevation of five (5) feet from the seasonal high water table as established by competent, technical data. A variance from this requirement shall be allowed pursuant to paragraph 490-E, Variance, Performance Standards for Excavation for Borrow, Clay, Topsoil or Silt, 38 M.R.S.A. Sec 490-A-390-M and Article 8, Performance Standards for Quarries, 38 M.R.S.A. Sec. 390-W to 490-EE. The request for variance shall consist of a hydro geologic study and supporting documentation required by the Department of Environmental Protection. The variance shall be reviewed and approved by the Department of Environmental Protection. Planning Board approval shall be conditioned on Department of Environmental Protection approval. No standing water shall be allowed to remain longer than
two consecutive calendar weeks unless specifically provided for by the Planning Board.2
c) The average slope of any cut bank measured from the top of the slope to the toe of the slope shall not exceed a horizontal to vertical ratio of 2:1; provided, that any gravel pit in lawful operation at the effective date of this ordinance whose slopes exceed this requirement may maintain, but not increase, such nonconforming slopes; provided, further, that for an expanded pit area or new pit area which exceed five (5) acres in size, the slope for such areas may not exceed 3:1.
d) Hours of operation shall be limited to 6:00 a.m. to 6:00 p.m., Monday through Friday and 8:00 a.m. to 2:00 p.m. Saturday; provided, however, the
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Planning Board may extend Saturday hours of operation to 5:00 p.m. if it determines that such extended hours will not unreasonably interfere with neighboring residential uses existing at the time of the request.
e) All access roads outside the pit within the buffer area prescribed in subsection (a) above of public roads or adjoining property shall be paved and otherwise regularly treated with water or calcium chloride spray to minimize dust conditions.
f) Rock and stone crushing shall be permitted as an accessory use to sand and gravel excavation operations, shall be limited to 7:00 a.m. to 5:00 p.m. Monday through Friday, and may be prohibited or further restricted by the Planning Board if it will unreasonably interfere with residential uses existing at the time of application. The Planning Board may require water bars on crushing equipment if necessary to control dust. On an annual basis no more than thirty-three percent (33%) of all materials crushed or otherwise processed on the property of such excavation operation may be brought in from a location outside the property.
g) Erosion and sedimentation on site shall be adequately controlled, based on guidelines of the Cumberland County Soil and Water Conservation District.
h) Sufficient topsoil shall be retained to comply with the approved reclamation plan.
6) Reclamation
The following provisions apply with respect to any existing pit in excess of five (5) acres, any gravel pit for which approval has been obtained for expansion under Section 3, or a new pit under Section 4. A reclamation plan must be submitted to the Planning Board, and the site shall be reclaimed in accordance with the requirements of this Section. The reclamation work shall be completed within nine months of the closing of a site (or a portion of a site with regard to phased reclamation plans) or approval of the reclamation plan, whichever occurs later. Reclamation of continuing operations shall be conducted in phases, if necessary, so that there is never open more than fifteen (15) acres of pit area or fifty percent (50%) of the pit area for pits less than fifteen 915) acres in size. Failure to remove
more than four hundred (400) cubic yards of material from a pit within any 24 month period shall trigger the obligation of the pit operator to commence reclamation. The following requirements shall be met:
a) Specific plans shall be established to avoid hazards from excessive slopes. Where an embankment remains after the completion of operations, it shall be at a slope no steeper than one (1) foot vertical to two (2) feet horizontal; provided, further that for an expanded pit area or new pit area which exceeds five (5) in size, the slope for such areas may not exceed 3:1.
b) Exposed slopes shall be stabilized so that no significant erosion will occur. Loaming, seeding and planting, if required, shall be based on guidelines of the Cumberland County Soil and Water Conservation District. Sufficient top soil shall be retained on site to complete the site reclamation.
c) Overburdened soil shall be redistributed over the pit area or removed from the parcel. The areas of the pit with solid or broken ledge rock shall be trimmed of loose rock, and the bottom of the pit graded to be compatible with the surroundings.
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d) Grading and restoration shall be completed in such a manner that it will ensure natural drainage, prevent standing water and minimize erosion and sedimentation and be compatible with the planned end use of the reclaimed site. The pit shall be contoured so that sediment is not directed into streams or drainage ways.
e) Upon default of any obligations to reclaim a pit under this Section, the Town may, after written notice and an opportunity to be heard by the Board of Appeals, cause the pit operator's reclamation plan to be implemented pursuant to the performance guarantee.
f) Reclaimed areas shall be guaranteed for a period of eighteen (18) months following the substantial completion of reclamation, during which time the performance guarantee shall remain in full force and effect. A reclamation plans shall state specific time requirements for commencement and substantial completion, which times may be staggered for phased extraction work.
7) Blasting
No blasting shall be done in any gravel pit except in accordance with the following:
a) If an operator of a gravel pit intends to do blasting, the operator shall apply to the Planning Board to obtain a license to blast. Such an application may be filed either separately or concurrently with any other application under this mineral extraction ordinance.1
b) In the application, the operator shall set forth in specific detail the reasons why such blasting is essential to economic viability of the operation.
c) In addition, the application shall include a site plan showing the limits where the blasting will take place; a statement on the number of times that blasting will occur on an annual basis; identification by name, address and telephone number of the entity that will actually do the blasting; a detailed description of the patterns and timing of each blast; a detailed description of all precautions which will be taken to insure that no damage will be done to surrounding properties; a detailed description of the devices and methods which will be used to monitor the effects of the blast (which shall include but not be limited to monitoring the seismic effect of the blast and performing both pre- and post-blasting inspections with photographs of all abutting properties); certificates of liability policies
covering the blasting activity in an amount approved in advance by the Town Manager as sufficient to cover any damage reasonably likely to occur; a list of the names and addresses of all abutting property owners; and such other material as the Planning Board may require in order to review the license application.2
d) After the application is complete, the Planning Board shall schedule a public hearing to consider the application and each abutting property owner and owners of property within five hundred (500) feet shall be given notice no less than fourteen (14) days notice in advance of the hearing. Failure of any property owner to receive notice shall not invalidate the hearing. Blasting applications shall be submitted and heard simultaneously with any other permits required under this ordinance.3
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e) In order for the Planning Board to grant a license to blast, it must make specific findings that the operator has met its burden and established the following:
(1) That blasting is essential to the economic viability of the operation.
(2) That the blasting will be conducted in a manner which will cause no damage nor unreasonable disturbance to surrounding properties.
(3) That all blasts will be comprehensively monitored.
(4) That there is adequate insurance to protect against any damage which may result from the blasting activity.
f) If the Board makes the above findings, then it shall issue a blasting license which will authorize the operator to conduct the blasts on the dates and in precise manner set forth in the operator's application. 1
g) Under no circumstances shall the Board permit any blasting within one hundred fifty (150) feet of an adjoining property line.
h) The records for each blast, including all monitoring records, shall be filed with the Town no more than ten (l0) days after each blast, and all such records shall be available for public inspection and copying.
8) Violations: Enforcement2
This ordinance shall be enforced by the C.E.O. and violations prosecuted in accordance with 30-A M.R.S.A. Sec. 4452, as amended.
9) Variances
Variances from the requirements of this Mineral Extraction Ordinance may only be granted by the Board of Appeals upon the applicant's showing of an undue hardship as defined in (and subject to the procedural requirements of) Section IV of Chapter I.
10) Appeals
Any person aggrieved by a decision of the Planning Board under this Ordinance may appeal the decision within thirty (30) days to Superior Court.
11) Separability
If any provision of this Mineral Extraction Ordinance is declared invalid by a court of competent jurisdiction, such decision shall not invalidate any other section or provision of this Ordinance.
D. FLOODPLAIN MANAGEMENT
The following conditions, standards or limitations shall apply to any development located within any area of special flood hazard (zones A and A1 through A30) identified by the Federal Emergency Management Agency in a report entitled "Flood Insurance Study - Town
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of Gorham, Maine, Cumberland County" dated October 15, 1981 with the accompanying "Flood Insurance Rate Map" and "Flood Boundary Floodway Map".
1) No new building, structure, mobile home or septic system shall be constructed or located in an area of special flood hazard.
2) The substantial improvement of any residential or non-residential structure shall have the first floor elevated to or above the base flood elevation.
3) Prior to placing fill in an area of special flood hazard, a permit shall be obtained from the Code Enforcement Officer. No encroachments, including fill, construction, substantial improvements, or other development shall be permitted within the floodway portion of the floodplain unless a registered professional engineer certifies that such encroachment shall not result in any increase in flood levels during the occurrence of the 100-year flood.
4) The Code Enforcement Officer shall interpret the locations of the boundaries of special flood hazard areas based on the Flood Insurance Study and the Flood Insurance Rate Map. In areas of special flood hazard where base flood elevation data is not provided in the above cited study and maps, the Code Enforcement Officer shall obtain, review and reasonably utilize any base flood elevation data available from Federal, State and other sources in order to determine the boundaries.
E. SHORELAND AREA PROTECTION
1) Purposes - The purpose of this subsection, by proper land use management practices, is to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion and sedimentation; to protect archaeological and historic resources; to protect freshwater wetlands; to control building sites, placement of buildings, structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas in accordance with the provisions of Title 38 Section 435-449 of the Maine
Revised Statutes Annotated (M.R.S.A.) as amended from time to time.
2) Applicability - This subsection applies to the "Shoreland area", which term is defined as all land areas within 250 feet, horizontal distance, of the normal high-water line of any great pond or river; within 250 feet, horizontal distance, of the upland edge of a freshwater wetland; and within 75 feet, horizontal distance, of the normal high-water line of a stream. This subsection also applies to any building or structure built on, over or abutting a dock, wharf or pier, or other building extending beyond the normal high-water line of a water body or within a wetland.
3) Districts and Zoning Map
a) Official Shoreland Zoning Map - The areas to which this subsection is applicable are hereby divided into the following overlay district and sub districts, which, district and sub districts collectively are referred to herein as the Shoreland Overlay District, as shown on the Official Shoreland Zoning Map which is made a part of this Ordinance:
A. Shoreland Overlay District
B. Resource Protection Sub district
C. Stream Protection Sub district
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4) Interpretation of District Boundaries - The boundaries of the Shoreland Overlay District exist as set forth in Section 3) of this subsection. The depiction of the Shoreland Overlay District and associated sub districts delineated on the Official Shoreland Zoning Map, is illustrative of the general location of the District and sub district. The Boundaries of these District and sub districts shall be determined by measurement of the distance indicated on the maps from the normal high-water line of the water body or the upland edge of wetland vegetation, regardless of the location of the boundary shown on the map.
Where uncertainty exists as to the exact location of the District or sub district boundaries, the Code Enforcement Officer shall be the final authority.
5) Land Use Requirements - Except as hereinafter specified, no building/structure or land located within the Shoreland Overlay District shall hereafter be used or occupied, and no building/structure or part thereof shall hereafter be erected, constructed, expanded, moved, or altered and no new lot shall be created except in conformity with all of the regulations herein specified and the regulations of the Land Use and Development Code, unless a variance is granted.
6) Non-conformance Within the Shoreland Overlay District
a) Purpose - It is the purpose of this subsection to encourage land use conformities, except that non-conforming conditions that existed before the effective date of this subsection shall be allowed to continue, subject to the requirements set forth in this subsection and in Chapter I, Section II of the Gorham Land Use and development Code.
b) Non-conforming Buildings and Uses:
(1) Enlargement: A non-conforming building may be enlarged after obtaining a permit from the Board of Appeals, if such enlargement does not increase the non-conformity of the building/structure.
(a) If any portion of a building is less than the required setback from the normal high-water line of a water body or upland edge of a wetland, that portion of the building shall not be expanded in floor area or volume after January 1, 1989, by thirty percent (30%) or more, during the lifetime of the building. An expansion which increases either the volume or floor area of the
building or any portion thereof that is less than the said required water setback by thirty percent (30%) or more is a substantial expansion which is prohibited unless a variance is obtained.
(b) Construction or enlargement of a foundation beneath the existing building shall not be considered an expansion of the building provided that the building and new foundation are placed such that the setback requirement is met to the greatest practical extent as determined by the Board of Appeals, basing its decision on the criteria specified in subparagraph 6) b) (2), Relocation, below; that the completed foundation does not extend beyond the exterior dimensions of the building; and that the foundation does
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not cause the building to be elevated by more than three (3) additional feet.
(c) No building which is less than the required setback from the normal high-water line of a water body, tributary stream, or upland edge of a wetland shall be expanded toward the water body, tributary stream, or wetland.
(2) Relocation: A non-conforming building may be relocated within the boundaries of the parcel on which the building is located provided that the site of relocation conforms to the water setback requirements to the greatest practical extent as determined by the Board of Appeals, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of State law and the State of Maine Subsurface Wastewater Disposal Rules, (Rules), or that a new system can be installed in compliance with the law and said Rules. In no case shall a building be relocated in a manner that causes the building to be more non-conforming.
In determining whether the building relocation meets the setback to the greatest practical extent, the Board of Appeals shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other buildings on the property and on adjacent properties and the type and amount of vegetation to be removed to accomplish the relocation, the location of the septic system and other on-site soils suitable for septic system and other on-site soils suitable for septic systems.
(3) Reconstruction or Replacement: Any non-conforming structure which is located less than the required setback from the normal high-water line of a water body or upland edge of a wetland may be reconstructed or replaced provided that a permit is obtained within one year of the date of damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the water setback requirement to the greatest practical extent as determined by the Board of appeals in accordance with the purposes of this Ordinance.
In no case shall a structure be reconstructed or replaced so as to increase its nonconformity.
In determining whether the building reconstruction or replacement meets the water setback to the greatest practical extent the Board of Appeals shall consider in addition to the criteria in subparagraph 6) b) (2) above, the physical condition and type of foundation present, if any.
(4) Expansions: Expansions of non-conforming uses are prohibited except that non-conforming residential uses may, after obtaining a permit form the Board of Appeals, be expanded within existing residential structures or within expansions of such structures as permitted in subparagraph 6) b) (1) above.
7) Establishment of District and Sub districts
a) Shoreland Overlay District - This District consists of the shore land area and
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any and all buildings and structures built on, over or abutting a pier, dock, wharf and any and all buildings and structures extending beyond the normal high-water line of a water body or within a wetland. The Shoreland Overlay District includes the Resource Protection Sub district and the Stream Protection Sub district.
b) Resource Protection Sub district - This sub district shall include the following areas when they occur within the limits of the Shoreland Overlay District, exclusive of the Stream Protection Sub district, except that areas which are currently developed need not be included within the Resource Protection Sub district.
(1) Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands, and wetlands associated with great ponds and rivers, which are rated "moderate" or "high" value by the Maine Department of Inland Fisheries and Wildlife (MDIF&W) as of January 1, 1988.
(2) Flood plains along rivers and flood plains along artificially formed great ponds along rivers, defined by the 100 year flood plain as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent flood plain soils.
(3) Areas of two or more contiguous acres with sustained slopes of 20% or greater.
(4) Areas of two (2) or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a freshwater or coastal wetland as defined, and which are not surfically connected to a water body during normal spring high water.
(5) Land areas along rivers subject to severe bank erosion, undercutting, or river bed movement.
c) Stream Protection Sub district - This sub district includes all land areas within seventy-five (75) feet, horizontal distance, of the normal high-water line of a stream exclusive of those areas within two-hundred and fifty (250) feet, horizontal distance, of the normal high-water line of a great pond or river and within two-hundred fifty (250) feet, horizontal distance, of the upland edge of a freshwater wetland. Where a stream and its associated shoreland area is located within two-hundred and fifty (250) feet, horizontal distance, of the above water bodies or wetlands, that land area should be regulated under the terms of the shoreland sub district associated with that water body or wetland.
8) Land Uses in the Shoreland Overlay District - All permitted uses and special exception uses within the zoning district underlying the Shoreland Overlay District may be commenced, maintained, enlarged or expanded as provided in the Land Use and Development Code subject to the provisions of this Subsection, except that within the Resource Protection and Stream Protection Sub districts only those uses listed in subparagraphs 8 a) and 8 b) below are permitted.
a) Only the following uses are permitted in the Resource Protection Sub district, and all other uses allowed in the underlying district(s) as permitted uses and special exception uses are prohibited:
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(1) Non-intensive recreational uses not requiring structures such as hunting, fishing and hiking;
(2) Motorized and non-motorized vehicular traffic on existing roads, trails and rails:
(3) Hiking trails, inactive trails, bridle paths, pedestrian trails and walkways;
(4) Forest management activities;
(5) Timber harvesting;
(6) Fire prevention activities;
(7) Wildlife management activities;
(8) Soil and water conservation activities;
(9) Surveying and resource analysis;
(10) Emergency operations;
(11) Agriculture;
(12) Gravel pits;
(13) Non-residential facilities for educational, scientific or nature interpretation purposes;
(14) Aquaculture;
(15) Buildings and structures accessory to existing residential buildings and to uses permitted herein;
(16) Permanent and temporary piers, docks, wharves, bridges and other structures and uses extending over or below the normal high-water line or within a wetland:
(17) Public and private recreational areas involving minimal structural development;
(18) Parking facilities where the resource protection designation is due to floodplain criteria;
(19) Road and driveway construction;
(20) Public utility structures;
(21) Clearing of vegetation;
(22) Filling and earth-moving activities; and
(23) Signs
b) Only the following uses are permitted in the Stream Protection Sub district,
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and all other uses allowed in the underlying district(s) as permitted uses and special exception uses are prohibited:
(1) Non-intensive recreational uses not requiring structures such as hunting, fishing and hiking;
(2) Motorized and non-motorized vehicular traffic on existing roads, trails and rails;
(3) Hiking trails, inactive trails, bridle paths, pedestrian trails and walkways;
(4) Forest management activities;
(5) Timber harvesting;
(6) Fire prevention activities;
(7) Wildlife management activities;
(8) Soil and water conservation activities;
(9) Surveying and resource analysis;
(10) Emergency operations;
(11) Agriculture;
(12) Non-residential facilities for educational, scientific or nature interpretation purposes;
(13) Aquaculture;
(14) Buildings accessory to existing residential buildings and to uses permitted herein;
(15) Permanent and temporary piers, docks, wharves, bridges and other structures and uses extending over or below the normal high-water line or within a wetland:
(16) Conversion of seasonal residences to year-round residences where allowed by State statute and the Maine State Plumbing Code;
(17) Private sewage disposal systems for allowed uses;
(18) Public and private recreational areas involving minimal structural development;
(19) Road and driveway construction;
(20) Public utility structures;
(21) Clearing of vegetation;
(22) Filling and earth-moving activities; and
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(23) Signs
9) Land Use Performance Standards - All land use activities within the Shoreland Overlay District shall conform to the following performance standards, if applicable. When there is any conflict between these performance standards and the other standards of this Land Use and Development Code, the more restrictive standards shall control.
a) Minimum Lot Standards
(1) No dwelling unit(s) or other building shall be erected except on a lot which meets the minimum lot size and other dimensional requirements of the underlying district established under Chapter I, provided, however, that if the underlying district does not specify a minimum lot area, the minimum lot area for residential uses and public and private recreational facilities shall be 40,000 square feet and that if the underlying district does not specify a maximum building height, the maximum building height shall be thirty-five (35) feet. Minimum shore frontage for residential uses and public and private recreational facilities shall be 200 feet and for all other non-residential uses shall be 300 feet.
(2) Land below the normal high-water line of a water body or upland edge of a wetland shall not be included toward calculating minimum lot area.
(3) The minimum width of any portion of any lot within one hundred (100) feet, horizontal distance, of the normal high-water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.
b) Principal and Accessory Building/Structures
(1) All new principal and accessory buildings and structures shall be set back at least one hundred (100) feet from the normal high-water line of a great pond or a river flowing to a great pond and seventy-five (75) feet from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland. The water body or wetland setback provision shall neither apply to buildings and structures which require direct access to the water as an operational necessity, such as piers and docks, nor to other functionally water-dependent uses.
(2) The first floor elevation of openings of all buildings and structures including basements shall be elevated at least three (3) feet above the elevation of the 100 year flood, the flood of record, or in the absence of these, the flood as defined by soil types identified as recent flood plain soils.
(3) The total area of all buildings/structures, parking lots and other non-vegetated surfaces, within the shore land zone shall not exceed twenty percent (20%) of the lot or a portion thereof located within the shoreland zone, including land area previously developed.
(4) Notwithstanding the requirements stated above, stairways or similar structures may be allowed with a Shoreland Zoning
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approval from the Code Enforcement Officer, to provide shoreline access in areas of steep slopes or unstable soils provided; that the structure is limited to a maximum of four (4) feet in width; that the structure does not extend below or over the normal high-water line of a water body or upland edge of a wetland (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, Title 38, Section 480-C); and that the applicant demonstrates that no reasonable access alternative exists on the property.
c) Piers, Docks, Wharves, Bridges and Other Structures and Bases Extending Over or Beyond the Normal High-Water Line of a Water Body or Within a Wetland
(1) Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.
(2) The location shall not reasonably interfere with existing developed or natural beach areas.
(3) The facility shall be located so as to minimize adverse effects on fisheries.
(4) The facility shall be no larger in dimension than necessary to carry on the activity.
(5) No new building or structure shall be built on, over or abutting a pier, wharf, dock or other building extending beyond the normal high-water line of a water body or within a wetland unless the building or structure requires direct access to the water as an operational necessity.
(6) No existing building or structure built on, over or abutting a pier, wharf, dock or other building extending beyond the normal high-water line of a water body or within a wetland shall be converted to residential dwelling units.
(7) Structures built on, over or abutting a pier, wharf, dock or other building extending beyond the normal high-water line of a water body or within a wetland shall not exceed twenty (20) feet in height above the pier, wharf, dock or other structure.
d) Roads and Driveways - The following standards shall apply to the construction of roads and/or driveways and drainage systems, culverts and other related features.
(1) Roads and driveways shall be set back at least one hundred (100) feet from the normal high-water line of a great pond or a river flowing to a great pond and seventy-five (75) feet from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland unless no reasonable alternative exists. If no other reasonable alternative exists, the Planning Board may reduce the road and/or driveway setback requirement to no less than fifty (50) feet upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of
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additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream, or wetland.
On slopes of greater than twenty Percent (20%) the road and/or driveway setback shall be increased by ten (10) feet for each five percent (5%) increase in slope above twenty percent (20%).
This paragraph shall neither apply to approaches to water crossings nor to roads or driveways that provide access to permitted structures, and facilities located nearer to the shoreline due to an operational necessity.
(2) Existing public roads may be expanded within the legal road right-of-way regardless of its setback from a water body.
(3) New roads and driveways are prohibited in a Resource Protection Sub district except to provide access to permitted uses within the district, or as approved by the Planning Board upon a finding that no reasonable alternative route or location is available outside the district, in which case the road and/or driveway shall be set back as far as practicable from the normal high-water line of a water body, tributary stream, or upland edge of a wetland.
(4) Road embankments shall be no steeper than a slope of two (2) horizontal to one (1) vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in Subparagraph m).
(5) Road grades shall be no greater than ten percent (10%) except for short segments of less than two hundred (200) feet.
(6) Where underground storm water drainage is not required, in order to prevent road surface drainage from directly entering water bodies, roads shall be designed, constructed and maintained to empty onto an unscarified buffer strip at least fifty (50) feet plus two times the average slope, in width between the outflow point of the ditch or culvert and the normal high-water line of a water body, tributary stream, or upland edge of a wetland.
Road surface drainage which is directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of the runoff and to minimize channelized flow of the drainage through the buffer strip.
(7) Where underground storm water drainage is not required, ditch relief (crossing drainage) culverts, drainage dips and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow in the road or ditches gains sufficient volume or head to erode the road or ditch. To accomplish this, the following shall apply:
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(a) Ditch relief culverts, drainage dips and associated water turnouts shall be spaced along the road at intervals no greater than indicated in the following table:
Road Grade (Percent) Spacing (feet)
0-2 250
3-5 200-135
6-10 100-80
11-15 80-60
16-20 60-45
21+ 40
(b) Drainage dips may be used in place of ditch relief culverts only where the road grade is ten percent (10%) or less.
(c) On road sections having slopes greater than ten percent (10%) ditch relief culverts shall be placed across the road at approximately a thirty (30) degree angle down slope from a line perpendicular to the centerline of the road.
(d) Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning, and their inlet and outlet ends shall be stabilized with appropriate materials.
(8) Ditches, culverts, bridges, dips, water turnouts and other storm water runoff control installations associated with roads shall be maintained on a regular basis to assure effective functioning.
e) Signs
(1) The provisions of Chapter II, Section III shall govern the use of signs in the Shoreland Overlay District.
f) Storm Water Runoff
(1) All new construction and development shall be designed to minimize storm water runoff from the site in excess of the natural predevelopment conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas shall be retained in order to reduce runoff and encourage infiltration of storm waters.
(2) Storm water runoff control systems shall be maintained as necessary to ensure proper functioning.
g) Septic Waste Disposal
(1) All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules).
(2) The minimum setback for new subsurface sewage disposal systems shall be no less than one hundred (100) horizontal feet from the normal high-water line of a perennial water body. The minimum setback distances from water bodies for new subsurface
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sewage disposal systems shall not be reduced by variance.
(3) Replacement systems shall meet the standards for replacement systems as contained in the Rules and shall include systems designed for future use where required by Year Round Occupancy Permit regulations governing seasonal conversions.
h) Essential Services
(1) Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.
(2) The installation of essential services is not permitted in a Resource Protection or Stream Protection District, except to provide services to a permitted use within said district, or except where the applicant demonstrates that no reasonable alternative exists. Where permitted, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.
i) Gravel Pits
(1) No part of any gravel pit operation, including but not limited to drainage and runoff control features, shall be permitted within one hundred (100) feet, horizontal distance, of a great pond or a river flowing to a great pond, or within seventy-five (75) feet of the normal high water line of any other water body, tributary stream or upland edge of a wetland.
j) Agriculture
(1) All spreading or disposal of manure shall be accomplished in conformance with the Maine Guidelines for Manure and Sludge Disposal on Land published by the University of Maine Soil and Water Conservation Commission in July, 1972.
(2) Manure shall not be stored or stockpiled within one hundred (100) feet, horizontal distance, of a great pond or a river flowing to a great pond, or within seventy-five (75) feet horizontal distance, of other water bodies, tributary streams, or wetlands. Within five (5) years of the effective date of this subsection all manure storage areas within the shoreland zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated storm water. Existing facilities which do not meet the setback requirement may remain, but must meet the no discharge provision within the above five (5) year period.
(3) Agricultural activities involving tilling of soil greater than forty thousand (40,000) square feet in surface area, or the spreading, disposal or storage of manure within the Shoreland Overlay District shall require a Soil and Water Conservation Plan to be filed with the Planning Board. Nonconformance with the provisions of said plan shall be considered to be a violation of this subparagraph.
(4) There shall be no new agricultural activities, including tilling of soil greater than forty thousand (40,000) square feet in area where some or all of such tilling is of soil within one hundred (100) feet,
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horizontal distance, of the normal high-water line of a great pond, within seventy-five (75) feet, horizontal distance, from other water bodies; nor within twenty-five (25) feet, horizontal distance, of tributary streams,
and wetlands. Operations in existence on the effective date of this subsection and not in conformance with this provision may be maintained providing that such tilling is conducted in accordance with a Soil and Water Conservation Plan.
(5) After the effective date of this subsection, newly established livestock grazing areas shall not be permitted within one hundred (100) feet, horizontal distance, of the normal high-water line of a great pond, within seventy-five (75) feet, horizontal distance of other water bodies, nor within twenty-five (25) feet, horizontal distance, of tributary streams, and wetlands. Livestock grazing associated with on-going farm activities, and which are not in conformance with the above setback provisions may continue, provided that such grazing is conducted in accordance with a Soil and Water Conservation Plan.
(a) Subparagraph (j) (5) above notwithstanding, the establishment of new livestock grazing areas may be allowed within one hundred (100) feet, horizontal distance, of the normal high-water line of a great pond or a river flowing to great pond, within seventy-five (75) feet, horizontal distance, of other water bodies or within twenty-five (25) feet, horizontal distance, of tributary streams and wetlands as an exception where the Planning Board finds: (1) that the applicant has made a clear showing, including the submission of a Soil and Water Conservation Plan, that such establishment of a new livestock grazing area will not have an undue adverse impact upon the shoreland area, and (2) that such an exception meets the shoreland zoning approval standards set out in paragraph 10 of this subsection, and where
such livestock grazing is conducted in accordance with that Soil and Water Conservation Plan.
k) Timber Harvesting
(1) Within the strip of land extending 75 feet inland from the normal high-water line in a shoreland area zoned for resource protection abutting a great pond there shall be no timber harvesting, except to remove safety hazards.
(2) Except in areas as described in subparagraph k) (1) above, timber harvesting shall conform with the following provisions:
(a) Selective cutting of no more than forty percent (40%) of the total volume of trees four (4) inches dbh or more in diameter measured at 4 1/2 feet above ground level on any lot in any ten (10) year period is permitted. In addition:
i. Within one hundred (100) feet, horizontal distance of the normal high-water line of a great pond or a river flowing to a great pond and within seventy-five (75) feet, horizontal distance, of the
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normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland, there shall be no clear cut openings and a well-distributed stand of trees and other vegetation, including existing ground cover, shall be maintained.
ii. At distances greater than one hundred (100) feet, horizontal distance, of a great pond or a river flowing to a great pond and greater than seventy-five (75) feet, horizontal distance, of the normal high-water line of other water bodies or the upland edge of a wetland, harvesting operations shall not create single clear cut openings greater than ten thousand (10,000) square feet in the forest canopy. Where such openings exceed five thousand (5,000) square feet they shall be at least one hundred (100) feet apart. Such clear cut openings shall be included in the calculation of total volume removal. For the purposes of these standards volume may be considered to be equivalent to basal area.
(b) Subparagraph k) (2) (a) above notwithstanding, timber harvesting operations exceeding the forty percent (40%) limitation upon selective cutting may be allowed as an exception where the Planning Board finds: (1) that the applicant has made a clear showing, including the submission of a forest management plan signed by a Maine licensed professional forester, that such an exception is necessary for good forest management, and (2) that such an exception meets the shoreland zoning approval standards set out in paragraph 10 of this subsection.
(c) No accumulation of slash shall be left within fifty (50) feet of the normal high-water line of a water body. In all other areas slash shall either be removed or disposed of in such a manner that it lies on the ground and no part thereof extends more than four (4) feet above the ground. Any debris that falls below the normal high-water line of a water body shall be removed.
(d) Timber harvesting equipment shall not use stream channels as travel routes except when:
i. Surface waters are frozen; and
ii. The activity will not result in any ground disturbances.
(e) All crossing of flowing water shall require a bridge or culvert, except in areas with low banks and channel beds which are composed of gravel, rock or similar hard surface which would not be eroded or otherwise damaged.
(f) Skid trail approaches to water crossings shall be located
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and designed so as to prevent water runoff from directly entering the water body or tributary stream. Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil revegetated.
(g) Except for water crossings, skid trails and other sites where the operation of machinery used in timber harvesting results in the exposure of mineral soil shall be located such that an unscarified strip of vegetation of at least seventy-five (75) feet in width for slopes up to ten percent (10%) shall be retained between the exposed mineral soil and the normal high-water line of a water body or upland edge of a wetland. For each ten percent (10%) increase in slope, the unscarified strip shall be increased by twenty (20) feet. The provisions of this paragraph apply only to a face sloping toward the water body or wetland, provided, however, that no portion of such exposed mineral high-water line of a water body or upland edge of a wetland.
l) Clearing of Vegetation for Development
(1) Within a Resource Protection Sub district abutting a great pond, there shall be no cutting of vegetation within the strip of land extending seventy-five (75) feet, horizontal distance, inland from the normal high-water line, except to remove safety hazards.
Elsewhere, in any Resource Protection Sub district, the clearing of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.
(2) Except in areas as described in subparagraph l) (1), above, and except to allow for the development of permitted uses, within a strip of land extending one hundred (100) feet, horizontal distance, inland from the normal high-water line of a great pond or a river flowing to a great pond and seventy-five (75) feet, horizontal distance, from any other water body, tributary stream, or the upland edge of a wetland, a buffer strip or vegetation shall be preserved as follows:
(a) There shall be no cleared opening greater than two hundred fifty (250) square feet in the forest canopy as measured from the outer limits of the tree crown. However, a footpath not to exceed ten (10) feet in width as measured between tree trunks is permitted provided that a cleared line of sight to the water through the buffer strip is not created. Adjacent to a great pond, or stream or river flowing to a great pond, the width of the foot path shall be limited to six (6) feet.
(b) Selective cutting of trees within the buffer strip is permitted provided that a well distributed stand of trees and other vegetation is maintained. For the purposes of this section a "well-distributed stand of trees and other vegetation" adjacent to a great pond or river, shall be defined as maintaining a rating score of 12 or more in any twenty-five
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(25) foot square (625 square feet) area as determined by the following rating system:
Diameter of Tree 4 1/2 feet
Above Ground Level (inches) Points
2 - 4 inches 1
4 - 12 inches 2
12 inches 4
Adjacent to other water bodies, tributary streams, and wetlands, a "well-distributed stand of trees and other vegetation" is defined as maintaining a minimal rating score of eight (8) per 25-foot square area.
Notwithstanding the above provisions, no more than forty percent (40%) of the total volume of trees four (4) inches or more in diameter, measured at 4 1/2 feet above ground level may be removed in any ten (10) year period.
(c) In order to protect water quality and wildlife habitat, adjacent to great ponds, and streams and rivers which flow to great ponds, existing vegetation under three (3) feet in height and other ground cover shall not be removed, except to provide for a footpath or other permitted uses as described in subparagraphs (2) and (2) (a) above.
(d) In order to maintain a buffer strip of vegetation when the removal of storm-damaged, diseased, unsafe or dead trees results in the creation of cleared openings, these openings shall be replanted with native tree species unless existing new tree growth is present.
The provisions contained in paragraph (2) above shall not apply to those portions of public recreational facilities adjacent to public swimming areas. Cleared areas, however, shall be limited to the minimum area necessary.
(3) The clearing of trees in conjunction with the development of permitted uses is governed by the timber harvesting provisions of subparagraph k).
In no event shall cleared openings for development, including but not limited to, principal and accessory structures, driveways and sewage disposal areas, exceed in the aggregate twenty-five percent (25%) of the lot area or ten thousand (10,000) square feet, whichever is greater, including land previously developed.
(4) Cleared openings legally in existence on the effective date of this Subsection may be maintained, but shall not be enlarged, except as permitted by this Subsection.
(5) Fields which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of this section.
m) Erosion and Sedimentation Control
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(1) All activities which involve filling, grading, excavation or other similar activities shall comply with the erosion performance standards contained in Chapter I, Section I B.
n) Soils
(1) Soil suitability shall be governed by the provisions contained in Chapter II, Section I, A.
o) Water Quality
(1) No activity shall deposit on or into the ground or discharge to the waters of the State any pollutant that, by itself or in combination with other activities or substances will impair designated uses or the water classification of the water body.
p) Archeological Sites
(1) Any proposed land use activity involving structural development or soil disturbance or on adjacent to sites listed on, or eligible to be listed on the National Register of Historic Places, as determined by the permitting authority shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment, at least twenty (20) days prior to action being taken by the permitting authority. The permitting authority shall consider comments received from the Commission prior to rendering a decision on the application.
10) Administration
a) Shoreland Zoning Approval Required - After the effective date of this Subsection no person shall: engage in any activity or land use regulated by this Land Use and Development Code and located in the Shoreland Overlay District without first obtaining shoreland zoning approval from the Planning Board for any permanent pier, dock, wharf or other structure or use extending over or below the normal high-water line or within a wetland for any activity or land use requiring Planned unit Development review under Chapter I, Subdivision Review under Chapter III, or Site Plan review under Chapter IV, or for any exception to the livestock grazing provisions of Subparagraph j) 5) or to the timber harvesting provisions of subparagraph k) (2), or from the Code Enforcement Officer for any other activity or land use.
b) Approval Standards
(1) The Planning Board shall not approve a proposed permanent pier, dock, wharf or other structure or use extending over or below the normal high-water line or within a wetland or an application for planned unit development, subdivision or site plan proposed to be located in whole or in part within the Shoreland Overlay District or for any exception to the livestock grazing provisions of subparagraph j) 5) or to the timber harvesting provisions of subparagraph k) (2), nor shall the Code Enforcement Officer issue a building permit or other land use permit under this Chapter for any proposed land use that is not subject to the above Planning Board approvals and that is proposed to be located in whole or in part within the Shoreland Overlay District unless the Planning Board or the Code Enforcement Officer
also makes a positive
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finding, with or without conditions and based on the information presented, that the proposed use:
(a) Will maintain safe and healthful conditions;
(b) Will not result in water pollution, erosion, or sedimentation to surface waters;
(c) Will adequately provide for the disposal of all water;
(d) Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat;
(e) Will conserve shore cover and visual, as well as actual, points of access to inland and coastal waters;
(f) Will protect archaeological and historic resources as designated in the Comprehensive Plan;
(g) Will mitigate flood hazards to development; and
(h) Is in conformance with this Subsection.
(2) If Shoreland Zoning approval is either denied or approved with conditions, the reasons as well as conditions shall be stated in writing. No approval shall be granted involving a building if the building would be located in an unapproved subdivision or would violate any other local subsection regulation or any State law which the municipality is responsible for enforcing.
(3) The applicant shall have the burden of proving that the proposed land use or activity in the Shoreland Overlay District is in conformity with the purposes and provisions of this Subsection.
c) Expiration of Approval
(1) The Shoreland Zoning approval shall remain valid only for the duration of the underlying building permit, planned unit development approval, subdivision approval, or site plan approval or other land use approval or permit with which it is issued.
d) Permit Fees1
To help recover costs incurred by the Town in the review, administration, site inspection, and public notice associated with the shoreland zoning permit application, the following fees and deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order shall be paid by the applicant to the Town of Gorham at the time of filing the permit application:
(1) Publishing and public notice fee;
(2) Review fee; and
1 Amended September 3, 1996
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(3) Independent consulting and peer review escrow account to be established with the Town in accordance with Chapter II, Section VIII of this Code.
All fees shall be non-refundable except unexpended escrow deposits, which shall be refunded in accordance with Chapter II, Section VIII, Subsection B of this Code. If a shoreland zoning permit application is also subject to subdivision review, site plan or municipal review under any other ordinance, the applicant shall pay only the later review fee amount exclusive of escrow deposit.
11) Enforcement
a) Nuisances - Any violation of this Article shall be deemed to be a nuisance.
b) Code Enforcement Officer
(1) It shall be the duty of the Code Enforcement Officer to enforce the provisions of this Article. If the Code Enforcement Officer shall find that any provision of this Article is being violated, he or she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it, including discontinuance of illegal use of land, buildings or structures, or work being done, removal of illegal buildings or structures and abatement of nuisance conditions. A copy of such notices shall be submitted to the municipal officers and be maintained as a permanent record.
(2) The Code Enforcement Officer shall conduct on-site inspections to insure compliance with all applicable laws and conditions attached to shoreland zoning approvals. The Code Enforcement Officer shall also investigate all complaints of alleged violations of this Article.
(3) The Code Enforcement Officer shall keep a complete record of all essential transactions of the office, including applications submitted, shoreland zoning permits granted or denied, variances granted or denied, revocation actions, revocation of shoreland zoning approvals, appeals, court actions, violations investigated, violations found, and fees collected. On an annual basis, a summary of this record shall be submitted to the Director of the Bureau of Land Quality Control within the Department of Land Quality Control within the Department of Environmental Protection.
c) Fines - Any person, including but not limited to a landowner, a landowner's agent or a contractor, who orders or conducts any activity in violation of this Article shall be penalized in accordance with 30-A M.R.S.A., Section 4452 as amended from time to time, and each day that a violation of this Article continues shall be deemed a separate violation of this Article.
d) Installation of Public Utility Service - No public utility, water district, sanitary district or any utility company of any kind may install services to any new structure located in the shoreland area unless written authorization attesting to the validity and currency of all local permits and approval required under this or any previous Article, has been issued by the appropriate municipal officials. Following installation of service, the company or district shall forward the written authorization to the municipal officials, indicating that
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installation has been completed.
F. WASTE WATER POLLUTION
1) Waste water to be discharged into municipal sewers, should they be available, shall be in such quantities and/or of such quality as to be compatible with standards established by the municipality.
2) To meet those standards, the Town may require that such wastes shall undergo pretreatment or full treatment at the site in order to render them acceptable for municipal treatment processes.
3) Pretreatment includes, but is not limited to screening, grinding, sedimentation, ph adjustment, surface skimming, chemical oxidation and reduction and dilution.
4) The disposal of waste water by means other than a municipal sewerage system must comply with the laws of the State of Maine and the Town concerning water pollution. Wash water or other process water carrying stone dust, stone particles, silt or other mineral matter will not be accepted into a municipal system. As condition of service, representatives of the Town and the State Department of Environmental Protection shall be permitted to enter onto the premises for the purpose of gauging, sampling and testing any waste water streams which may enter into water courses.
G. AIR POLLUTION
1) Dust, dirt and fly ash shall not exceed 0.3 grains per cubic foot of flue gas at stack temperature of 500 degrees Fahrenheit and shall in no manner be destructive, unhealthful, hazardous, nor shall visibility be impaired by the emission of haze which unduly impedes vision with an apparent opaqueness equivalent to No. 1 of the Ringlemann Chart as measured at any boundary line, using the procedures of the American Society of Testing Materials. Representatives of the Town or the State Department of Environmental protection may enter onto premises for the purpose of testing any and all sources of potential air pollution.
2) The limitations of paragraph 1, shall not apply to emissions resulting from soot blowing on any heat-transfer operation regardless of fuel source provided such emissions do not exceed an aggregate duration of more than one hour in any 24 hour period.
3) Any activity emitting toxic or odoriferous substances must submit detailed plans to minimize such emissions to the Code Enforcement Officer before a permit is granted. Limitations of toxicity and odors of these substances shall be as set forth in the State of Maine.
4) All air pollution control shall comply with minimum State requirements and detailed plans shall be submitted to the Code Enforcement Officer for approval, before a permit is granted.
H. NOISE ABATEMENT
1) Noise is required to be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness. Noise may be equal but not exceed during any consecutive 8-hour period an average of 75 decibels at 600 cps measured at any boundary line. During the peak activity of 60 minutes in a 24-hour period a noise
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may not exceed 100 decibels at 600 cps when measured at the source.
I. BUFFER AREAS
1) Any non-residential yard space abutting a residential area shall be maintained as a buffer strip by the developer. Such buffer area shall be for the purpose of eliminating any adverse effects upon the environmental or aesthetic qualities of abutting properties or any type of nuisance affecting the health, safety, welfare and property values of the residents of Gorham.
2) Natural features shall be maintained wherever possible to provide a break between the proposed development and abutting properties.
3) When natural features such as topography, gullies, stands of trees, shrubbery, rock outcrops do not exist or are insufficient to provide a buffer, the developer shall landscape or otherwise provide fencing or screening.
4) Fencing, screening or natural features, or combination thereof, shall be sufficient to shield from the view of abutting residential properties, and otherwise prevent any kind of nuisance: all loading and unloading operations, storage areas, commercial vehicle parking, waste disposal and collection areas.
5) Fencing and screening shall be durable and properly maintained at all times by the owner.
6) Fencing and screening shall be so located within the developer's property line to allow access for maintenance on both sides without intruding upon abutting properties.
7) All buffer areas shall be maintained in a tidy and sanitary condition by the owner.
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SECTION II - PARKING, LOADING AND TRAFFIC
A. OFF-STREET PARKING STANDARDS
1) Off-street parking, in addition to being a permitted use, shall he considered as an accessory use when required or provided to serve conforming uses located in any district.
2) The following minimum off-street parking and loading requirements shall he provided and maintained in case of new construction, alterations and changes of use. Such parking may be provided in the open air in spaces each nine feet
wide by eighteen feet long, or in garages. All spaces shall be accessible from
lanes of adequate size and location.
Dwellings: 2 parking spaces per each dwelling unit.
Accessory Apartments 1 parking space per each accessory apartment1
Motels, tourist homes,
rooming houses, 1 parking space for each sleeping
fraternities: room.
Hotels: 1 parking space for each 2 guest rooms.
Schools:
Nursery Schools 1 parking space for each 2 rooms used as nursery rooms.
Elementary Schools 1 parking space for each adult employee plus 3 parking spaces.
Junior High Schools 1 parking space for each adult employee plus 6 parking spaces.
Senior High Schools 1 parking space for each adult employee plus 15 parking spaces for each 100 students or major fraction thereof of total enrollment.
Hospitals, sanatoria, 1 parking space for each 500 square
nursing homes: feet or major fraction thereof of floor area, exclusive of basement.
Theaters, auditoria, 1 parking space for each 4 seats
churches, arenas: for each 100 square feet or major fraction thereof of assemblage space if no fixed seats.
Mortuary Chapels: 5 parking spaces for each chapel.
Retail Stores: 1 parking space for each 200 square feet of gross floor area.
Bowling Alley: 4 parking spaces for each bowling lane.
1 Amended September 4, 2001
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Restaurants: 1 parking space for each 100 square feet, or major fraction thereof, of floor area not used for storage or food preparation.
Drive-in restaurants,
snack bars: Minimum 25 parking spaces plus 4 square feet of parking for each square foot of floor space in excess of 2,500 square feet.
Offices, professional
and public buildings: 1 parking space for each 250 square feet of gross floor area.
Medical and Dental
Offices: 1 parking space for each 250 square feet of gross floor area plus 1 space for each examination, treatment or consultation room.
Industry, manufacturing
and business: 1 parking space for each l,000 square feet of floor area, or major fraction thereof, for that part of every business, manufacturing and industrial building not catering to retail trade and with floor area over 3,000 square feet.
3) Required off-street parking in all districts shall be located on the same lot as the principal building or use except that where it cannot reasonably be provided on the same lot, the Planning Board1 may authorize residential off-street parking to be located on another lot within 300 feet of the residential uses served as measured along lines of public access if safe and convenient2 . Such parking areas shall be held under the same ownership or lease as the residential uses served and evidence of such control or lease shall be required.
4) Required off-street parking in all business and industrial zones shall be located on the same lot with the principal building or use, or within 100 feet measured along lines of public access, except that where off-street parking cannot be provided within these limits, the Planning Board3 may permit such off-street parking to be located a reasonable distance from the principal building or use, measured along lines of public access if safe and convenient4 . Such parking areas shall be held under the same ownership or lease, and evidence of such control or lease shall be required. Such lots shall be located within business or industrial districts.
5) Where off-street parking for more than six vehicles is required or provided on a lot in a Residence Zone and vehicles are to be or may be parked within the area otherwise required to be kept open and unoccupied for front, side, and rear yards in the zone in which such parking is located, the following requirements shall be met:
a) A continuous guard curb, rectangular in cross section, at least six inches in height and permanently anchored, shall be provided and maintained at least five feet from the street or lot line between such off-street parking and that part of the street or lot line involved; or a continuous bumper guard of adequate strength, the top of which shall be at least 20 inches in height,
1 Amended April 6, 1999
Amended April 6, 1999 2
3 Amended April 6, 1999
4 Amended April 6, 1999
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shall be provided and maintained between such off-street parking and that part of the street or lot line involved so that bumpers of vehicles cannot project beyond its face toward the street or line involved, either above or below the impact surface.
b) Where such off-street parking shall abut a lot in residential use or an unoccupied lot which is located in a Residence Zone, a landscaped buffer and/or a fence,1 not less than 48 inches in height, shall be provided and maintained between such off-street parking and that part of the lot line involved.
6) Where off-street parking for more than six vehicles is required or provided on a lot in any Business Zone, the following requirements shall be met:
a) Where vehicles are to be or may be parked within ten feet of any street line, a continuous guard curb, rectangular in cross section, at least six inches in height and permanently anchored, shall be provided and maintained at least five feet from the street line between such off-street parking and that part of the street line involved; or a continuous bumper guard of adequate strength, the top of which shall be at least 20 inches in height, shall be provided and maintained between such off-street parking and that part of the street line involved so that the bumpers of vehicles cannot project beyond its face toward the street line involved, either above or below the impact surface.
b) Where such off-street parking shall abut a lot in a Residence Zone or a lot in residential use, a landscaped buffer and/or a fence, not less than 48 inches in height, shall be provided and maintained between such off-street parking and that part of the lot line involved.
7) Where off-street parking is required or provided, the following construction requirements shall apply:
a) Appropriate driveways from streets or alleys, as well as maneuvering areas, shall be provided. Location and width of approaches over public sidewalks shall be approved by the Building Inspector. When access to parking areas is available from more than one street, the location of points of ingress and egress shall have the approval of the Planning Board.
b) The surface of driveways, maneuvering areas, and parking areas shall be uniformly graded with a sub grade consisting of well-compacted gravel or equivalent materials at least six inches in depth. For commercial, industrial, and institutional uses and apartment buildings, the drives, maneuvering areas and parking areas shall be covered with two inches of bituminous concrete properly prepared and laid in two courses of one inch each in accordance with specifications prepared by the Public Works Department. All other installations shall have a wearing surface equivalent in qualities of compaction and durability to fine gravel.
c) A system of surface drainage shall be provided in such a way that the water run-off shall not run over or across any public sidewalk or street.
d) Where artificial lighting is provided, it shall be shaded or screened so that no light source shall be visible from outside the area and its access driveways.
1 Amended April 6, 1999
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8) The Planning Board may reduce the off-street requirements of 2) in the following situations:
a) Where legal on-street parking is located within two hundred (200) feet of a non-residential use and the Board determines that this parking will be available to meet some or all of the parking demand.
b) Where publicly supplied off-street parking is located within two hundred (200) feet of a non-residential use and the Board determines that this parking will be safe, convenient, and available to meet some or all of the parking demand.
c) Where it is clearly demonstrated that the parking demand will be lower than that established by this section and that the reduction will not detract from neighborhood property values, inconvenience the public, or increase congestion on adjacent streets.
d) For the reuse or redevelopment of a parcel in the Village Centers or Urban Commercial Districts if the Planning Board determines that the new use will not significantly increase the demand for parking compared to the former use.
e) For uses in the Village Centers or Urban Commercial Districts if the Planning Board determines that the demand for parking will be less than the standard because some customers/users will walk or take alternative transportation to the site.
In these cases, the owner of the property seeking the reduction or his/her representative shall be responsible for providing documentation to the Planning Board substantiating the reduced parking demand or alternative supply.1
9) The Planning Board2 may approve the joint use of a parking facility by two or more principal buildings or uses where it is clearly demonstrated that said parking facility will substantially meet the intent of the requirements by reasons of variation in the probable time of maximum use by patrons or employees among such establishments.
10) No portion of any lot which is used to satisfy the front yard requirements of this ordinance shall be used for parking for any commercial or industrial use.
1 Amended April 6, 1999
2 Amended April 6, 1999
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B. OFF-STREET LOADING STANDARDS
1) In those districts where off-street loading is required, the following minimum off-street loading bay or loading berths shall be provided and maintained in the case of new construction, alterations, and changes of use:
Office Buildings and Hotels with a gross floor area of more than 100,000 square feet: 1 Bay.
Retail, wholesale and industrial operations with a gross floor area of more than 5,000 square feet:
5,001 to 40,000 sq.ft. 1 Bay
40,001 to 100,000 sq.ft. 2 Bays
100,001 to 160,000 sq.ft. 3 Bays
160,001 to 240,000 sq.ft. 4 Bays
240,001 to 320,000 sq.ft. 5 Bays
320,001 to 400,000 sq.ft. 6 Bays
Each 90,000 square feet over 400,000, 1 additional Bay.
2) Each loading bay shall have minimum dimensions of 70 feet by 14 feet and may be located either within a building or outside and adjoining an opening in the building. Every part of such loading bay shall be located completely off the street. In case trucks, trailers, or other motor vehicles larger than the dimensions of the minimum loading bay habitually serve the building in question, additional space shall be provided so that such vehicle shall park or stand completely off the street.
3) The provisions of this section for off-street loading shall not be construed as prohibiting incidental curbside business deliveries, dispatches, or services provided that they are in compliance with all applicable State and local traffic regulations.
C. ACCESS AND PARKING LAYOUT
1) To limit the proliferation of access points from parking areas to public highways and the resultant strip development, traffic hazards, congestion and other manifestations of commercial sprawl, each developer in a Roadside Commercial Zone shall dedicate a 50 foot strip adjacent to and running the length of the public highway to the use of controlled public access and landscaping.
2) The developer shall install within this 50 feet at least a 20 foot strip which shall be curbed and landscaped. The remainder shall be improved and dedicated as marginal vehicular access to parking aisles serving the proposed development. An access roadway at least 26 feet in width shall be constructed in accordance with Section V of this chapter. It shall connect in a proper fashion with the roadways of adjoining development.
3) The developer shall file with the Town of Gorham a performance guarantee in an amount sufficient to defray the cost of improving the 50 foot strip for marginal vehicular access and landscaping. The conditions and amount of such performance bond shall be determine by the Manager of the Town with the advice of the various municipal departments and agencies concerned. The amount shall be at least equal to the total cost of curbing, landscaping and providing vehicular access of at least 26 feet traveled width conforming with the provisions of Section V of this chapter and shall be conditioned on the completion of such improvements within one year of the date of the performance bond.
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4) Upon satisfactory completion, the developer shall petition the Town of Gorham for acceptance of the 50 foot strip for controlled marginal access and landscaping.
5) In addition to meeting the parking requirements of this Ordinance, the developer shall provide 40 square feet for each patron parking space planned. This 40 feet shall be used to provide curbed and paved divider strips at least 8'0" wide between parking aisles. The divider strips shall be to provide safe pedestrian access between rows of parked vehicles, traffic channeling, lighting and landscaping. Where feasible, such divider strips shall be oriented at right angles to the main entrance of the principle building or use in order to provide for maximum pedestrian convenience and safety.
6) The Town of Gorham reserves the right to select areas within the 50 foot marginal access for the grouping or placement of signs and traffic directions.
7) All traffic flow in parking areas shall be clearly marked with signs and/or surface directions at all times.
8) All parking spaces shall be clearly marked.
9) The Town of Gorham reserves the right to designate all ingress and egress points to the public highway from the 50 foot marginal access as may be needed to meet current and future traffic control needs.
D. CORNER CLEARANCES
For purposes of traffic safety in all Districts, no building or structure may be erected and no vegetation other than shade trees may be maintained above a height of three feet above the plane through the curb grades of intersecting streets within a triangle two sides of which are the edges of the public ways for twenty feet measured from their point of intersection or in the case of rounded street corners, the point of intersection of their tangents.
E. FUTURE ROADS
When the Town or State has identified the need for a new road to serve existing or future vehicular movement and the location of the proposed right-of-way has been established and can be located on the ground, development which encroaches on the proposed right-of-way shall not be permitted unless:
a) The area of the right-of-way is reserved for future road construction; or
b) The Town is offered the opportunity to purchase the right-of-way at its fair market value as determined by an independent professional appraiser and declines to purchase the right-of-way. The offer to sell must provide the Town with at least 180 days to accept or reject the offer.
SECTION III - SIGNS
A. RESIDENTIAL
Residential uses may display a single sign not over six square feet in area attached to a building or detached and located in the front yard relating to uses or services rendered on the premises, the sale, rental or lease of the premises.
Farms which are worked by the occupant are permitted two signs which shall not exceed 72 square feet in total sign area provided the signs shall not be displayed more than 180 days
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within a single calendar year and shall not be subject to a fee.
B. NON-RESIDENTIAL
Non residential uses may display attached, detached, or projecting signs, single or double-faced, identifying uses or goods sold or services rendered on the premises. The area of neon or similar signs per nonresidential use or business shall not exceed 24 square feet per side, nor shall the total sign area exceed 72 square feet. The Planning Board may allow an increase in the maximum size of any sign or the total sign area of up to 50% if the Board finds that such increase:
1) is needed to provide appropriate visibility for the business,
2) will not detract from the value of nearby properties, and
3) will result in signs of an appropriate scale for the location of the project. For signs in the Village Centers or Urban Commercial Districts, the signs shall be compatible with a village character.1
Detached signs shall not extend to an elevation greater than 20 feet above the level of the ground upon which they are erected. Projecting signs shall not extend more than 5 feet beyond the street line. No attached sign or supporting structure shall extend more than 10 feet above the level of a flat roof or the level of the eaves on other types of roofs.
C. Official Business Directional Signs shall be allowed pursuant to the Maine Traveler Information Act and the rules and regulations promulgated there under by the Maine Department of Transportation. All Official Business Directional Signs must meet current MDOT standards regulating the installation of such signs. The background color of all such signs in the Town (including both reflectorized and nonreflectorized) shall be of uniform blue in accordance with Maine Department of Transportation regulations relating to off-premises signs as may be amended from time to time.
D. INDUSTRIAL PARK IDENTIFICATION SIGNS
Gorham Industrial Park Identification Signs may be located off the Industrial Park premises at the entrances of the Industrial Park on Bartlett Road and at the entrance of any new public road that accesses the Gorham Industrial Park and must be approved by the Gorham Economic Development Corporation and the Gorham Town council.
1) Granite signs identifying the Gorham Industrial Park and accompanying decorative wall shall not exceed 120 square feet on any one side.
2) Gorham Industrial Park Directory signs may be located at intersections within the Industrial Park.2
E. PORTABLE SIGNS
1) Except as otherwise provided by ordinance, on-premises portable signs as defined by the BOCA Code shall be allowed as provided for herein. All portable signs shall require a permit issued by the Code Enforcement Officer. The Code Enforcement Officer shall grant any such permit upon demonstration by the applicant that the sign is in full compliance with all laws and ordinances applicable to said permit, unless in the opinion of the Code Enforcement Officer granting such permit would endanger the public safety. The application for such permit shall contain the name and address of the applicant, the purpose for which the portable sign is requested, and the written consent of the owner or lessee of the premises on which the sign is to
1 Amended April 6, 1999
2 Amended May 6, 2003
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located. The permit shall be granted for a period of thirty (30) days nor shall more than two (2) such permits be issued for any particular property, business or location in any twelve (12) month period provided, however, that there shall be a waiting period of not less than thirty (30) days between the date of expiration of one such permit and the issuance of the next such permit. Upon expiration of the permit, the portable sign shall immediately be removed.
In addition to the application fee in such amount(s) and for such purposes(s) as the Town Council may from time to time establish by Council order, the applicant shall pay in advance a deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order to be refunded upon removal of the sign in conformance with this ordinance; provided, however, if the sign is not removed upon expiration of the permit, the Town shall notify the permit holder in writing of the violation and indicate that he has ten (10) days from mailing of the letter to appeal the proposed forfeiture to the Code Enforcement Officer. If the matter is not timely appealed to the C.E.O. or, if appealed, the appeal be denied, the deposit shall be forfeited to the Town. Such forfeiture shall be
in addition to any other remedies otherwise provided by law. The requirement of a deposit shall be waived for non-profit organizations.1
2) Portable signs in excess of thirty-two (32) square feet in surface area shall not be permitted.
3) Signs otherwise meeting the BOCA Code definition of portable signs and that are intended to be permanently placed shall be permanently anchored and regulated in accordance with Subsection B.
F. GENERAL
1) All signs may be illuminated only by non-flashing lights shielded from view in the public way or in residential districts nearby.
2) All signs shall comply with Article 14, "Signs", of The BOCA Basic Building Code/1984 as amended.
3) Billboards shall not be permitted in the Town of Gorham.
1 Amended September 3, 1996
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SECTION IV - RESIDENTIAL
A. CLUSTERED RESIDENTIAL DEVELOPMENT
A Cluster Residential Development is a form of development which allows a developer to create smaller lots than required by the applicable zoning district regulations in return for setting aside a portion of the tract as permanent open space owned and maintained jointly by the individual lot owners. The net residential density of the site shall remain the same as if the site were developed as a conventional subdivision. Each dwelling unit in a cluster residential development shall be placed on a separate lot whether the dwelling unit is a single-family dwelling or part of a two-family or multi-family dwelling. The Planning Board may approve requests for cluster residential developments if it finds that the proposal conforms to the criteria listed below and is the best development form for the site.
Notwithstanding other provisions of this Code relating to space and bulk, the Planning Board in reviewing and approving proposed residential developments located in Gorham, may modify said provisions related to space and bulk to permit innovative approaches to housing and environmental design in accordance with the following standards. This shall not be construed as granting variances to relieve hardship.
Innovative approaches to residential layout and environmental design shall be subject to the following criteria:
1) The purpose and intent of this Land Use and Development Code shall be upheld.
2) There shall be compliance with all State and local codes and ordinances.
3) Each building shall be an element of an overall plan for site development.
4) There shall be no approval of any proposed development which exceeds the allowable net residential densities permitted without appeal in the district in which it is located.
5) Residual open space shall be usable for recreational or other outdoor living purposes and for preserving large trees, tree groves, woods, ponds, streams, glens, rock outcrops, native plant life and wildlife cover. The use of any open space may be further limited or controlled at the time of final approval where necessary to protect adjacent properties or uses. Residual open space shall be dedicated to the recreational amenity and environmental enhancement of the development and shall be recorded as such. Such dedications may include private covenants or arrangements to preserve the integrity of open spaces and their use for agricultural or conservation purposes.
The common open space shall be accessible to the residents of the project. At a minimum, this use may include such activities as walking, picnicking, fishing, swimming, cross country skiing, and other low intensity recreational uses unless otherwise provided for in the Planning Board approval.
6) The developer shall take into consideration the following points, and shall illustrate the treatment of spaces, paths, roads, service and parking areas and other features required in his proposal:
a) Orientation: buildings and other improvements shall respect scenic vistas and natural features.
b) Streets: access from public ways, internal circulation and parking shall be designed to provide for vehicular and pedestrian safety and convenience,
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emergency and fire equipment, snow clearance, street maintenance, delivery and collection services. Streets shall be laid out and constructed consistent with local requirements.
c) Drainage: adequate provision shall be made for storm waters, with particular concern for the effects of any effluent draining from the site. Erosion resulting from any improvements on the site shall be prevented by landscaping or other means.
d) Sewage Disposal: adequate provision shall be made for sewage disposal, and shall take into consideration soil conditions and potential pollution of surface or ground waters.
e) Water Supply: adequate provision shall be made for both ordinary use as well as special fire needs.
f) Utilities: all utilities shall be installed underground wherever possible. Transformer boxes, pumping stations and meters shall be located so as not to be unsightly or hazardous to the public.
g) Recreation: facilities shall be provided consistent with the development proposal.
h) Buffering: planting, landscaping, disposition and form of buildings and other improvements, or fencing and screening shall be utilized to integrate the proposed development with the landscape and the character of any surrounding development.
i) Disposition of Buildings: shall recognize the need for natural light and ventilation.
7) For purposes of this section, the tract or parcel of land involved must be either in single ownership, or the subject of an application filed jointly by the owners of all the property included.
8) Before the recording of final subdivision plans, or as a condition of final subdivision approval, the Planning Board shall require and accept in accordance with the standards adopted by ordinance, an improvement guarantee in accordance with Chapter III, Subdivision, Section IV., Final Plan, Subsection C., Improvement Guarantee.
9) Common open space shall be dedicated after approval of the project. There shall be no further subdivision of this land, nor buildings constructed upon it without further planning review and which would cause the net residential density to exceed the density permitted in that district.
10) The common open space(s) shall be shown on the development plan and with appropriate notation on the face thereof to indicate that it:
a) shall not be used for future building lots.
b) a part or all of the common open space may, at the option of the Town, be dedicated for acceptance by the Town for operation as a municipal recreational facility.
11) If any or all of the common open space is to be reserved for use by the residents, the formation and incorporation by the developer of a neighborhood association
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shall be required prior to final plat approval.
12) Covenants for mandatory membership in the association setting forth the owners' rights and interest and privileges in the association and the common land, shall be approved by the Planning Board and included in the deed for each lot.
13) This neighborhood association shall have the responsibility of maintaining the common open space(s) and operation and maintenance of local neighborhood recreational facilities within such open space(s).
14) The association shall levy annual charges against all property owners to defray the expenses connected with the maintenance of open spaces and neighborhood recreational facilities.
15) The developer or subdivider shall maintain control of such open space(s) and be responsible for their maintenance until development sufficient to support the association has taken place or, alternatively, the objectives of clustering have been met. Such determination shall be made by the Planning Board upon request of the Neighborhood Association or the developer or subdivider.
B. PERFORMANCE STANDARDS FOR MULTI-FAMILY HOUSING
The construction of any new multi-family dwelling or the conversion of an existing single-family or two-family dwelling into a multi-family dwelling shall be done in accordance with the following standards:
1. Multi-family dwellings in developed areas shall retain and respect the existing streetscape and character of the neighborhood. This shall include the size and massing of structures, the relationship of buildings to the street and the use and treatment of front yard areas.
2. For new construction, utilities shall either be placed underground or, if above the ground, designed so as to be visually compatible with the overall development.
3. All required yard area shall be retained as open, landscaped areas which are not occupied by buildings, structures, parking lots, storage or similar uses. Access roads or drives and sidewalks may be located to allow vehicular and pedestrian traffic to cross yard areas.
4. A buffer shall be established between the multi-family housing and any abutting single-family or two-family dwellings. The buffering shall be sufficient to minimize any kind of potential nuisance, such as, but not limited to, headlights, noise, storage areas or waste collection and disposal areas. The buffering shall consist of landscaping, fencing, grading or a combination of features.
5. All private access roads shall be located within a 50 foot dedicated right-of-way. No off-street parking shall be located within this right-of-way.
6. The developer shall provide a minimum of 1,000 cubic feet of private lockable storage for personal property for each dwelling unit. This space may be part of the dwelling unit or at a separate location or building.
7. The developer shall provide a minimum of 250 square feet of private, outdoor space for each dwelling unit.
8. The developer shall provide a minimum of 250 square feet of common, outdoor space for each dwelling unit which shall be developed with appropriate recreation
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facilities.
9. All roads that will be dedicated to the Town for public use shall meet the standards for public roads contained in the subdivision regulations. All private roads, drives, or access ways shall also meet the standards for private roads contained in the subdivision regulations.1
10. All off-street parking and lighting must be adequately screened from view of public ways and from adjacent lots by buildings, topography, fencing or landscaping of reasonable opacity and at least four (4) feet high.
11. The number of dwelling units permitted on the site shall be determined by dividing the net residential acreage by the minimum lot area required per dwelling unit.
C. ACCESSORY APARTMENTS
Accessory apartments are a permitted use in the UR, SR, R districts, subject to the approval of the Code Enforcement Officer and adherence to the following standards:
A. The owners of the principal structure must reside in the principal structure of the accessory unit.
B. The number of occupants of the accessory unit is limited to two.
C. The accessory unit shall contain up to a maximum of 660 square feet of living space.
D. The septic system on the property in question shall be functioning properly at the time of application for site plan use permit approval. In addition, the applicant must submit a new HHE-200 form as documentation that another area of suitable soil exists on the property to be used for septic system repair in the event of failure of the original system.
E. The parking requirements of the Gorham Land use and Development Code shall be adhered to.
F. Proper ingress and egress shall be provided to the accessory unit.
G. Should the owners of the principal structure be found in compliance of the standards contained in this section, the non compliance shall be considered a violation of this code and subject to the fines and penalty section, and the accessory unit shall be discontinued, and the structure shall revert to single family use.
H. An accessory apartment which complies with the requirements of this subsection shall not be considered an additional dwelling unit when calculating lot area per family under the space and bulk regulations of the Code.2
I. Only one accessory apartment per principal structure shall be permitted on a lot.3
J. The HHE-200 form, after review and approval by the Code Enforcement Officer, shall be recorded at the Cumberland County Registry of Deeds.
1 Amended January 7, 2003
2 Amended October 2, 2001
3 Amended October 2, 2001
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SECTION V - MINIMUM STANDARDS FOR THE DESIGN AND CONSTRUCTION OF STREETS AND WAYS1
A. PURPOSE
The purpose of this section is to set uniform standards for the design of streets and ways in the Town of Gorham in order to provide for safe vehicular and pedestrian travel and appropriate service to adjacent land.
B. GENERAL
No street or way shall be laid out and accepted as a public street or way by the Town of Gorham, Maine except in accordance with the provisions of this Section of the Land Use and Development Code.
C. ACCESS TO ADJOINING LAND
The Planning Board shall provide for road continuation, to limit unnecessary curb cuts and/or to provide for street access to undeveloped adjoining property, by dedication on a subdivision plan, of a fifty foot wide right of way to the boundary of adjacent property unless the Planning Board determines it is not in the public interest to require access to adjoining land and (1) the topography is not suitable for access to adjoining land, or (2) the project is surrounded by wetlands and no suitable land is available for continuation.
D. DEFINITIONS
For the purposes of this Ordinance certain terms used herein are defined as follows:
1) Arterial Street: A major roadway serving long distance traffic through and between municipalities and carrying traffic to major centers of activity.
2) Collector Street: A principal roadway which conveys traffic between arterial streets.
3) Sub collector Street: A street which is designed to carry traffic between local access streets and collector streets.
a) Rural Sub collector - Any street which is classified as a sub collector and located in either the Rural or Suburban Residential Districts and which is projected to have an Annual Average Daily Traffic (ADT) volume of between 250 and 1000 vehicles per day shall be designed to the standards required for Rural Sub collector as presented in Table 1.
b) Urban Sub collector - All other streets which are classified as sub collectors shall be designed to the standards required for an urban sub collector as presented in Table 1.
4) Access Street: A local street designed to provide access to abutting property and to carry no more traffic than that generated by the uses along the street.
a) Rural Access Street - Any access street located in either a Rural or Suburban Residential District which serves less than 25 dwelling units and which is projected to have an Average Daily Traffic (ADT) volume of less than 250 vehicles shall be constructed to the standards for a Rural Access Street, as presented in Table 1.
1 Amended October 7, 1997
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b) Urban Access Street - All other streets which are classified as access streets shall be designed to the standard required for an Urban Access Street, as presented in Table 1.
5) Industrial or Commercial Street: A local street which provides access to abutting commercial or industrial properties, the primary function of which is to serve those properties and the development proposed for them.
6) Service Road: A road which primarily serves a facility, complex, business or land not for residential use.
7) Private Way: A minor street which has not been dedicated to the town as a public street or public way, serving no more than six (6) lots with up to maximum of six (6) dwelling units, and which, if it has not been built to public street standards, shall not be accepted as a public street or way by the Town.
8) Paved Private Way: A minor street which has not been dedicated to the Town as a public street or public way, serving no more than ten (10) lots with up to a maximum of ten (10) dwelling units and constructed to the standards for a paved private way, and which, if it has not been built to public way standards, shall not be accepted as a public street or way by the Town.
NOTE: Street classifications for multi-family residential or non-residential uses shall be determined by trip generation figures indicated in the most current edition of the Institute of Traffic Engineer's Handbook.
The Town Council shall designate the streets and the Town Engineer shall maintain a list of street designations.
E. ACCEPTANCE OF STREETS AND WAYS
A street or way constructed on private lands by the owner(s)/developer(s) thereof and not dedicated for public travel prior to the date of enactment of this ordinance, (September 2, 1997), may be laid out and accepted as a public street or way by the Town Council only upon the following conditions:
1) The owner(s) shall give the Town a deed to the property within the boundaries of the street at the time of its acceptance by the Town and a separate deed to areas reserved for the future development of streets.
2) A plan of said street or way shall be recorded in the Cumberland County Registry of Deeds at the time of its acceptance.
3) A petition for the acceptance of said street or way shall be submitted to the Town Council upon a form to be prescribed by the Town Attorney. Said petition shall be accompanied by a plan, profile and cross section of said street or way as follows:
a) A plan drawn when practical to a scale of 50 feet to 1 inch, and to be on one or more sheets of paper not exceeding 24 inches by 36 inches in size. Said plan shall show the north point, the location and ownership of all adjoining lots of land, passageways, street lights and electric lines, boundary monuments, water ways, topography and natural drainage courses with contours at not greater than 2 foot intervals, all angles, bearings and radii necessary for the plotting of said street and lots and their reproduction on the ground.
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b) A profile of said street or way drawn to a horizontal scale of 50 feet to 1 inch, and a vertical scale of 5 feet to 1 inch, or other suitable engineering scale as required by the Town Engineer.
Said profile shall show the profile of the center line of said street or way and the proposed grades thereof. Specific cross sections shall be submitted as required by the Town Engineer. Any buildings abutting on said street or way shall be shown on said profile.
c) A typical cross section of said street or way drawn to a horizontal scale of 5 ft. to 1 in. and a vertical scale of 5 ft. to 1 inch.
d) The location and size of the proposed water and/or sewer mains in accordance with this Code.
4) Streets Offered for Acceptance.
a) Streets to be offered to the Town for acceptance must have a written report of inspection prepared by the Town Engineer at the time of completion of construction. The owner shall warranty all public improvements for a period of one year from the date of acceptance and post a maintenance guarantee per the subdivision ordinance. At the conclusion of the one-year warranty period, the owner shall request the Town Engineer to prepare a second written report of inspection prior to the release of the improvement guarantee, per the requirements of Chapter III, Section IV, C., a, 2).
b) No street or way shall be placed on the Planning Boards agenda until the Developers Engineer has certified that the street or way has been constructed in accordance with the specifications of the Town of Gorhams Land use and Development Code and in accordance with the plans approved by the Planning Board and that the “As Built” Record Drawings are accurate. Furthermore, no road may be placed on a Planning Board agenda until the Town Engineer has issued a final report that the road is complete and meets the appropriate specifications of the Towns Land use and Development Code.1
c) No street or way shall be placed on the Town Councils agenda for consideration or accepted by the Town Council until the Planning Board and the Town Engineer shall have made a careful investigation thereof, and shall have reported to the Town Council their recommendations in writing with respect thereto. Such investigation shall include a minimum of the results of at least one core sample and may include more than once core sample for each road proposed for acceptance as a public way with the core sample and reports paid for by the applicants.2
d) The surface pavement shall not be placed until the base paving has gone through one complete winter. The application of a tack coat and/or shim coat to the base may be required by the Town,
1 Amended October 7, 2003
2 Amended October 7, 2003
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when necessary, to insure appropriate bonding between base and final surface coats of pavement.
e) Notwithstanding the provisions of any other Section hereof, the Town may at any time lay out and accept any street or way in the Town of Gorham, Maine, as a public street or way of said Town whenever the general public interest so requires. The cost of said street or way may be borne by said Town or may be borne by another party.
f) Notwithstanding paragraph c) above, a street may be accepted by the Town Council prior to final paving, provided that 150% of the cost of completion, as estimated by the Town Engineer, is deposited in a road improvement account with the Town. Any funds not used shall be returned to the developer upon completion.
5. Streets Offered for Acceptance but Not Accepted
The Planning Board shall require, as a condition of approval for any subdivision application that includes the creation of one or more streets, that the lot owners form a homeowners association by written agreement which shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair, and plowing of the subdivision streets(s) shall remain the responsibility of the homeowners association as provided under that agreement. This homeowners association agreement shall be in a form acceptable to the Town Attorney and, upon approval by the Planning Board of the subdivision, shall be recorded in the Cumberland County Registry of Deeds within ninety (90) days of the date of subdivision approval by the Planning Board.
F. STREET DESIGN STANDARDS - PUBLIC WAYS
Any street or way proposed to be dedicated as a public street or way shall be previously constructed in accordance with the following specifications:
1) All streets shall be designed to conform with the public way standards presented in Table 1 and shown in Figures 1 through 8 unless otherwise agreed to and permitted in writing by the Planning Board. The Planning Board may require design modifications if it finds special provisions to be necessary to protect the public health and safety as a result of a specific development proposal.
2) Street construction materials and methods shall conform to the most current specifications of the Maine Department of Transportation Standard Specifications for Highways and Bridges. The standards and dimensions contained in Table 2 shall be considered minimum.
3) Standards and dimensions contained herein shall be considered as minimum and modifications may be recommended to the Planning Board by the Town Engineer to meet specific site conditions.
4) Dead End Streets and Streets Providing Sole Vehicular Access.
a) Cul-de-sacs and dead end streets that provide the sole vehicular access to improved or improvable land shall be provided with a suitable turning circle or turnaround, as applicable, at the closed end.
(1) A hammerhead turnaround shall be constructed and paved to
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specified street standards, whether temporary or permanent, for a distance of 50 feet at ninety degrees (90°) to the street it serves.
(2) All turning circles shall be paved to specified street standards, and have the following minimum radii:
(a) Right-of-way 100'
(b) Outer pavement edge 85'
(c) Inner pavement edge 65'
(3) In those Zoning Districts where otherwise allowed by the District, zoning frontage requirements may be reduced in the case of permanent turning circles, where no future road is either feasible or provided for on the plan.
(4) Temporary turning circles may be allowed where future road extensions are planned if designed to allow discontinuance of the turning circle while not creating any lots with less than the required frontage for the zone in which located.
(5) Loop roads that provide the sole vehicular access to developable or improved land shall meet the required centerline radii of 150' and minimum tangent distance between curves of 100' and shall be constructed and paved to specified street standards.
b) Dead end streets, paved private ways and streets except industrial, commercial, or service streets that serve as the sole vehicular access shall not exceed in length a distance of fifteen hundred (1500) feet, as measured along the proposed street centerline, from the ROW line of the intersecting town way to the furthest centerline point of a turning circle or loop road or the terminus of the hammerhead.
c) Median strips, esplanades, planters and other similar devices which serve to provide a divided street entrance to an approved subdivision or other development shall be no less than twenty (20') feet in width. Any modifications to the Planning Board approved location of landscape materials, signage and other fixtures shall be reviewed and approved in writing by the Town Planner, Town Engineer and Public Works Director prior to installation.
d) Median strips, esplanades, planters and other similar devices less than four hundred (400) feet in width shall not be considered adequate to provide two-way access for the purpose of determining road length.
e) Two way access must be provided at separate entrance points at either end of a loop road and both entrance points must be separated by a minimum distance of 400 feet or the road shall be considered a dead end road.
5) Sight Distance - Any intersecting street or road shall be so designed in profile and grading to provide minimum sight distances measured in each direction. Measurement shall be from the driver's seat of a vehicle that is 10 feet behind the curb (or edge of shoulder) line with the height of eye three and one half (3 1/2) feet above the pavement and a height of object of four and one quarter (4 1/4)feet.
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Allowable Speed Minimum Sight Distance *
(miles per hour) (in feet)
25 250
30 300
35 350
40 400
45 450
50 500
55 550
* Based on MDOT standards for low and medium volume drives. High volume streets and drives may require a greater sight distance as demonstrated necessary for safety purposes by the Town Engineer.
6) Driveways - Driveway placement shall be such that an exiting vehicle has an unobstructed sight distance according to the above schedule. Driveways to corner lots shall gain access from the street of lower classification when a corner lot is bounded by streets of two different classification.
7) Street Names - Streets which join or are in alignment with streets of abutting or neighboring properties shall bear the same name. Names of new streets shall not duplicate nor bear phonetic resemblance to the names of existing streets within the municipality and shall be subject to the approval of the Town Planner, the Fire Chief and the Chief of Police in that regard.
8) Signs - The installation of street name signs and other traffic control signs shall be the responsibility of the developer as directed by the Planning Board and in conformance with the requirements of the Department of Public Works. All signs shall be erected in conformance with the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD).
9) Curbs - Curbing shall be required wherever on-street parking is allowed or anticipated and where grades require that storm water drainage be channeled along the curb line to avoid shoulder erosion.
10) Utility Easements - The Planning Board shall require easements for sewers, storm drains, public water supplies, other utilities and stream protection. Utility easements in general shall not be less than twenty feet in width and in specific cases may require increased width, as recommended by the Town Engineer.
11) Sidewalks - Sidewalks shall be provided within all subdivisions in the Village Center, Urban Commercial, Commercial Office, Office Residential, and Urban Residential Districts, with connection to the existing sidewalk network provided for the safety and convenience of the residents, per the standards in Table 1 and Figures 1, 2, 3 and 5. The sidewalk location in figures 1,2,3 and 5 is preferred; however, it may, at the discretion of the Planning Board, be positioned at curb line with zero esplanade. Sidewalks may also be required in subdivisions which abut any of the above Districts.
Sidewalks may also be required, for the safety and convenience of the public, by the Planning Board or Site Plan Review Committee for major and minor developments located along arterial and collector streets and which are within reasonable distance of the existing sidewalk network.
Sidewalks, when required, shall be a minimum of five (5) feet in width, unless site
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conditions dictate a different width.
12) On-Street Parking - In determining travel way width and layout, the Planning Board may require on street parking in any District where the minimum street frontage is less than 200 feet.
G. STREET CONSTRUCTION STANDARDS AND SPECIFICATIONS
1) Roadway construction materials standards shall conform to the current "State of Maine Department of Transportation Standard Specifications Highways and Bridges."
2) The Standards and Dimensions contained in Table 2 shall considered minimum.
3) An adequate storm drainage system, including appurtenances such as manholes, catch basins, culverts, ditch lines, detention facilities, outlets, etc., shall be provided as specified by the Town Engineer and approved by the Planning Board. Appropriate conveyances for outlets to drainage systems must be provided. Minimum easement widths of 30 feet shall be required.
a) Drainage requirements shall be based on a 25 year 24-hour storm frequency unless the Town Engineer specifies for cause that a larger storm be used for design purposes.
b) Upstream drainage and development potential shall be considered for each project.
c) Effects upon downstream drainage facilities and waterways shall be considered as required by the Town Engineer. Overloading downstream facilities shall not be permitted.
d) Open storm water shall not surface run more than 250 feet along any street gutter. No storm water shall drain across a street or intersection.
e) Design standards for drainage systems shall be subject to review and approval of the Planning Board. Minimum pipe size for any storm drain pipe shall be 12 inches.
f) Where subsurface soil conditions warrant, an under drain system shall be installed and discharged in a positive drain.
4) Construction.
a) Engineering Work: All engineering work, including the setting of grade stakes necessary for the construction of the street and sidewalks, and storm sewers shall be performed by the developer at his or her expense.
b) Underground Utilities: Any sewers and appurtenances, drains, including house drains and catch basins which are to be built in the street or sidewalk, and all underground utilities and their respective services shall be constructed before any road material is placed.
c) Grading: All streets, roads, walks, etc. shall be graded to their full width by the Developer (Subdivider) so that pavements and sidewalks can be constructed on parallel profiles.
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d) Preparation: Before grading is started, the entire right-of-way area shall be cleared of all stumps, roots, brush and other objectionable material and all trees not intended for preservation, as designated by the Town Engineer.
e) Cuts: Tree stumps and other organic materials shall be removed to a depth of 2 feet below the sub grade. Rock and boulders, when encountered, shall be removed to sub grade.
f) Fill: All material used in the construction of embankments shall be of the quality to meet the standards for embankment construction, Sections 203.02 through 203.17 of the Maine Department of Transportation Standard Specifications, except that compaction shall not be less than 95% of maximum density (per ASTM D 1557 Mod.). Excess materials including organic materials, soft clays, wet and non-compactable materials, etc. shall be removed from the street site. The fill shall be spread in layers not to exceed 8 inches loose and then compacted. The filling of utility trenches and other places shall be mechanically tamped.
g) Side Slopes: All side slopes shall not exceed a slope of 3 horizontal to 1 vertical unless shown otherwise on typical cross sections in Figures 1 through 9.
h) Bases and Pavement: The appropriate sections of the Bases and Pavements Divisions of the Maine Department of Transportation Standard Specifications currently in effect at the date of submission of the preliminary plan shall be applicable to this section except as follows:
Bases
(1) Aggregate Sub-base Course - Gravel Aggregate Sub-base shall not contain particles of rock exceeding 4 inches in any dimension.
(2) Aggregate Base Course - Crushed Aggregate base shall not contain particles of rock that will not pass the 1 1/2-inch square sieve.
Pavement
(1) Where pavement placed joins an existing pavement, the existing pavement shall be cut along a smooth line and to a neat, even, vertical joint. Broken or raveled edges will not be permitted, nor deviation from grade. A tack coat shall be applied to all joints prior to placement of new pavement.
(2) Grading for the surface course of Hot Bituminous Pavement shall meet the requirements for Surface, Grading C. This course shall not be placed between the dates of October 1 and May 1, except that between October 1 and October 15, and April 15 and May 1, this course may be placed if the air temperature is 10 degrees C (50 degrees F) or higher and the Public Works Director grants permission.1
1 Amended January 7, 2003
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(3) Grading for the base course of Hot Bituminous Pavement shall meet the requirements for Binder, Grading B.
i) Curbing: The following curbing materials shall be allowed, subject to the recommendation of the Town Engineer:
(1) Granite Curb - Type 1
(2) Precast Concrete Curb - Type 2
(3) Bituminous Curb - Type 3
(4) Cape Cod Berm
All curbing shall be done per Section 609 of the Maine Department of Transportation Standard Specifications, except as follows:
(1) Granite curbing shall be provided at all street intersections with radii less than 50 feet where curbing is proposed or required. All other areas with greater than 50 feet radii will be evaluated as site conditions dictate. A minimum reveal of 7" shall be required.
(2) Precast concrete curb, Type 2, shall be installed with a minimum reveal of 7".
(3) Bituminous concrete curb, Type 3, a minimum reveal of six inches shall be required.
(4) Cape Cod bituminous curbing may be utilized in lieu of other curbing when approved by the Town Engineer.
j) Sidewalks: Section 608 of the State of Maine Department of Transportation Standard Specifications Highways and Bridges shall be applicable to this section.
k) Driveways: All driveway aprons shall be paved with "4” of bituminous concrete commencing at the existing edge of street pavement where it intersects with the driveway for a length of 20 feet. Materials used for driveway culverts shall be approved by the Town Engineer and installation shall meet the requirements of the driveway permit.
5) Storm Drain Construction Standards - The following material shall be utilized for storm drain construction, except new material may be substituted with the approval of the Town Engineer.
a) Reinforced Concrete Pipe: Reinforced Concrete Pipe shall meet the requirements of ASTM Designation C 76. Pipe classes shall be as required to meet soil and traffic loads with a factor of safety of 1.2 on the .01 inch crack strength with a Class B bedding. Joints shall be of the rubber gasket type meeting ASTM Designation C 443-70, or of an approved performed plastic jointing material such as "Ramnek".
b) Polyvinyl Chloride: PVC Gravity Sewer pipe shall meet the requirements of ASTM Designations D-3-34-73-SDR35.
c) Corrugated Polyethylene Pipe: Corrugated Polyethylene Pipe shall meet the requirements of ASTMF405 and ASTMF667.
d) Under drain Pipe: Under drain Pipe may be Polyvinyl Chloride or Corrugated Polyethylene meeting similar requirements to that of
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standard drain pipe.
e) Bituminous Coated Corrugated Metal Pipe - Type II Aluminum: Bituminous Coated Corrugated Metal Pipe shall meet the requirements of AASHTO M 190.
f) Drain Manholes: Manholes shall be of precast concrete section construction. Precast sections shall meet the requirements of ASTM Designation C-478. Cones shall be truncated. Castings shall be of cast iron meeting Sanitary District standards for sewer construction. Brick inverts shall be shaped to the crown of the pipe for sizes up to 18 inches, and to spring line for larger pipes.
g) Catch Basins: Catch Basins shall be of precast concrete construction. Castings shall be square cast iron as required for the particular inlet condition with the grates set perpendicular to the curb line. All catch basins shall be provided with a Type I curb face inlet.
h) Sanitary Sewers: Sanitary sewers shall be required per the Town of Gorham Wastewater Ordinance and be designed and constructed to the requirements of the Superintendent of Sewers and the Portland Water District.
6) General Construction Requirements.
a) Trenching - All trenching shall be accomplished in accordance with all appropriate state and federal safety requirements.
b) Minimum trench width at the pipe crown shall be the outside diameter of the pipe, plus 2 feet.
c) Pipe shall be bedded in a granular material with a minimum depth of 6 inches below the bottom of the pipe and extending to 6 inches above the top of the pipe. When water is present in the trench, pipe shall be bedded in crushed stone.
d) Drain alignment shall be straight in both horizontal and vertical alignment unless specific approval of a curvi-linear drain is obtained in writing from the Town Engineer.
e) Manholes or catch basins shall be provided at all changes in vertical or horizontal alignments, and at all junctions. On straight runs, manholes or catch basins shall be places at a maximum of 300-foot intervals.
f) Catch basin leads shall enter the drainage system at manholes only. The difference in elevation between the inverts of the lead and the main drain shall not exceed 12 inches.
g) All drain outlets shall be rip rapped to prevent erosion. Facilities for energy dissipation shall be provided.
h) Under drains shall be laid with perforation down with a backfill consisting of graded concrete sand.
7) Monumentation - The right-of-way lines of streets to be accepted shall be marked with granite monuments sufficient to reproduce the right-of-way; or where ledge is present, iron pins may be installed with the prior approval of the Town
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Engineer.
a) Granite monuments or concrete monuments shall be 5 inches square and shall be 4 feet long minimum, with a flat top set at all street corners and at all points where the street line intersects the exterior of the subdivisions and at angle points and points of curve in each street. The top of the monument shall have a drill hole to identify properly the location and shall be set flush with the finished grade on lawns and be raised 6 inches in wooded or undeveloped areas.
b) All other lot corners shall be marked with iron pipe or rod not less than 3/4 inches in diameter and 36 inches long set flush with the finished grade.
8) Storm water Drainage System Plans - All storm water drainage designs shall be prepared by professional engineer registered in the State of Maine. Plans shall show the plan profile, cross sections and details of appurtenances. No construction shall be permitted until the Town Engineer has reviewed and approved the proposed storm water drainage plans. The developer is responsible for obtaining all other permits and approvals which are required prior to construction. Upon completion of construction and prior to acceptance of any street, a final set of "as-built" reproducible record drawings and a final set of as-built prints shall be delivered to the Town Engineer.
9) Public Water Supply and Fire Protection - When required by Chapter II, Section IX1 , a water main of at least 8 inches in diameter must be installed for the use of buildings, residents and occupants of the street to be accepted. The Chief of the Gorham Fire Department must certify in writing that the installed water main will provide adequate fire protection. It shall be the policy of the Town to require installation of fire hydrants as may be deemed necessary for fire protection with the installation of the water main.
H. STANDARDS FOR PRIVATE WAYS
The Planning Board may approve the use of private ways to provide access to individual lots of land provided that the following conditions are met:
1) Each lot having access from an approved private way may be improved with no more than two dwelling units and related accessory buildings and uses.
2) A plan showing the private way shall be prepared by a registered land surveyor. The plan shall be drawn in permanent ink on permanent transparency material and shall be sealed by the registered professional engineer preparing the plan. The plan shall be labeled "Plan of a Private Way" and shall provide an approval block for the signatures of a legal majority of the Planning Board, the date of approval, and the words, "Private Way, Approved by the Town of Gorham Planning Board". The plan shall show information sufficient to establish on the ground the exact location, direction, width and length of the private way. In addition, a street plan, profile and cross section prepared in accordance with Chapter II, Section V., E., 3 shall be submitted for each private way. The plan shall also
contain a note which shall read, "The Town of Gorham shall not be responsible for the maintenance, repair, plowing, or similar services for the private way shown on this plan, and if the private way has not been built to public way standards, the Town Council will not accept it as a public way ” The original plan(s) shall be recorded in the Cumberland County Registry of Deeds within 30
1 Amended November 9, 2004
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days of signing by the Planning Board. If the plan is not recorded within this period, the approval of the Planning Board shall be void.
3) If a private way provides access to 2 or more lots, a maintenance agreement shall be prepared for the lots accessed by any private way. This agreement shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair and plowing of the private way. This agreement shall also specify that the Town of Gorham shall not be responsible for the maintenance, plowing or repair of the private way. This agreement, upon approval by the Planning Board, shall be recorded in the Cumberland County Registry of Deeds within 30 days of approval by the Planning Board.
4) Private ways shall have a minimum right-of-way width of 50 feet and a paved apron 20 feet in length commencing at the existing edge of pavement where it intersects with the private way.
The paved apron shall be constructed to the following standards:
a) 9” of MDOT Spec. 703.06 Type E;
b) 12” of base gravel MDOT Spec. 703.06 Type D;
c) 3" of 1 1/2” crushed gravel, Type A or reclaimed;
d) a minimum of 4" of paved surface, or greater as specified by the Town Engineer;
e) a negative 2.0% grade from the existing edge of pavement to an appropriate drainage way, but in no case less than 5 feet from the travel surface of the public way it intersects;
f) approach radius shall be specified by the Town Engineer.
5) Private ways shall be designed to conform with the standards presented in Tables 1 and 2 and the typical cross sections depicted in Figures 9 and 10.
6) Private ways while under construction may be monitored and inspected by the Town Engineer, or a representative designated by the Town Manager or at the Towns option, a registered professional engineer hired by the Town at the developers expense per the requirements of Chapter II, Section V, Subsection I. Notwithstanding the above, prior to the issuance of occupancy permits for any of the lots served by the private way, the Developers Engineer shall certify to the Code Enforcement Officer that the private way has been constructed in accordance with this section and the approved Private Way Plan.1
7) To help recover costs incurred by the Town in the review, administration, site inspection, and public notice associated with the private way application, the following fees and deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order shall be paid by the applicant to the Town of Gorham at the time of filing the private way application:
a) Publishing and public notice fee;
b) Review fee; and
c) Independent consulting and peer review escrow account to be established with the Town in accordance with Chapter II, Section VIII of this Code.
1 Amended October 7, 2003
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All fees shall be non-refundable except unexpended escrow deposits, which shall be refunded in accordance with Chapter II, Section VIII, Subsection B of this Code. If a private way application is also subject to subdivision review, site plan or municipal review under any other ordinance, the applicant shall pay only the larger fee amount exclusive of escrow deposit.
8) Notwithstanding other provisions of the Code to the contrary, no gravel surfaced private way shall provide access to or serve in any way to provide compliance with the requirements of the Code for more than the greater of six lots or six dwelling units; provided; however, nothing in this paragraph 8) shall serve to limit the use of such private way for occasional use by and for agricultural purposes.1
9) The land area of the private way may not be used to satisfy the minimum lot area requirements for any lot (whether the lot(s) to be served or any front lot over which the private way runs).2 3
I. SUBDIVISION, PRIVATE WAY AND SITE CONSTRUCTION MONITORING OF PUBLIC IMPROVEMENTS
1) At least fifteen (15) days before beginning construction of improvements for public benefit or public use associated with a private way, subdivision or site plan approved by the Planning Board under Chapters II, III or IV of this Code, the developer shall give written notice to the Town Engineer and Public Works Director. Such improvements shall include, but not be limited to, street grading and paving, surface water drainage improvements, utilities, fire protection improvements and landscaping. The notice shall include the following:
a) Type of improvement(s)
b) Description of and amount of work to be completed
c) Beginning date
d) Duration of construction
e) Estimated costs to the Town of monitoring the construction of said improvement(s)
Construction shall be scheduled continuously until date of completion.
2) Upon receipt of said notice, the Town Engineer shall evaluate and verify the provided cost estimate(s) and request the Town Manager to set a fee for the Town or designated agent to monitor said construction. The fee shall be based upon and equal to the cost to the Town for such monitoring. Such monitoring will be paid for by the developer on a monthly basis. Interest shall be imposed on any unpaid balances of thirty (30) days or more. The interest rate shall be equal to the prevailing rate set by the Town Council for delinquent tax debts to the Town. Such monitoring will not in any way hold the Town liable for the improvement. All grades, materials, engineering and construction techniques are the responsibility of the developer.
3) Upon setting the fee for monitoring said improvements, the Town Manager shall give written notice to the developer of such fee.
4) If the Town Engineer or appointed representative shall find, upon inspection of the improvements performed before expiration date of the performance
1 Amended May 4, 1999
2 Amended December 2, 1997
3 Amended June 3, 1997
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guarantee or bond, that any of the required improvements have not been constructed in accordance of plans and specifications filed by the developer, he shall so report to the Town Manager. The Town Manager shall then notify the developer and, if necessary, the bonding company or other financial institution providing the performance guarantee, and take all necessary steps to preserve the Towns rights under the bond or guarantee. The Town shall issue no Certificate of Occupancy for the project until (1) all monitoring fees are paid in full, (2) all required improvements have been constructed in substantial accordance with the approved plans and specifications, except as expressly authorized to the contrary by the Planning Board, and the developer has submitted a certification signed by the
Developers professional engineer that the following improvements have been constructed as specified in the plans approved by the Planning Board and that the “as built” record drawings are accurate:
a. public and privet roads and sidewalks, b. All utilities, including but not limited to, water systems, sewer systems, and electrical systems, c. all fire ponds d. all drainage structures, and e. any work items designated by the Planning Board as a public or quasi-public improvement.1
5) If at any time before or during the construction of the required improvements the developer demonstrates to the satisfaction of the Town Engineer or appointed representative that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer or appointed representative may authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval, that they do not materially affect the criteria and standards employed by the Planning Board during its review, and that they do not substantially alter the function of any public improvements required by the Board. The Town Engineer or appointed representative shall issue any authorization under this provision in writing and shall
transmit a copy of such authorization to the Planning Board at its next regular meeting.
1 Amended October 7, 2003
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SECTION VI - SEASONAL AND RECREATIONAL
A. CAMPGROUNDS AND TRAILER PARKS
1) Land Area. A campground may not be constructed on less than 5 acres of land.
2) Tent Site Area. Each area proposed for a tent site or parking space for a travel trailer, pick-up camper, motorized camper, or tent trailer must contain at least 2,500 square feet.
3) Fireplace. Each tent site must be provided with a masonry or metal fireplace approved by the Director of Public Works.
4) Site Plan. An applicant for a campground permit must furnish specific information concerning the campground including site plan illustrating the location and design of the proposed sewage disposal and water supply systems, the means of fire fighting, and the type and location of roads proposed within the campground.
5) State Law. In all other regards, the applicant shall observe the provisions of State Law governing campgrounds.
6) License and Permit. The licensing and permit issuance and requirements shall be the same as thee regulations pertaining to mobile home parks licensing in the Mobile Home Park Ordinance.
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SECTION VII - INSTALLATION OF MANUFACTURED HOUSING UNITS
The following standards shall apply to the installation of any manufactured housing unit on a residential lot and shall be met prior to the issuance of an occupancy permit for the occupancy of the unit. The Code Enforcement Officer may approve the delay of the landscaping until the growing season for units occupied between November and May.
1) The wheels, axles, detachable transporter unit and tongue shall be removed and the unit shall be placed on a permanent foundation.
2) The foundation shall comply with the requirements of the Town's Building Code for residential structures. At a minimum the foundation shall consist of a frost wall extending a minimum of four feet below the finished grade. The frost wall shall be a solid or mortared masonry wall completely surrounding the perimeter of the unit and having a bulkhead, two opening windows and a 3-inch concrete floor. The minimum distance between the bottom of the floor joist and the top of the concrete floor shall be at least three (3) feet.
3) The exterior plumbing shall comply with the Maine State Plumbing Code.
4) The exterior electrical connections shall comply with the National Electrical Code.
5) The unit shall be sited on the lot so that the acute angle between an imaginary line running parallel to the short axis of the unit and the front property line of the lot for the chord connecting the two points where the side lot lines meet the front line if the front property line is curved) is not less than 30 degrees. This requirement shall not apply if the width of the front building face is more than 24 feet. The width of the front building face shall include the width of the manufactured housing unit plus the width of any permanent addition which meets the following criteria.
a) The addition is of a similar architectural design and constructed of similar materials as the manufactured housing unit.
b) The addition is permanently attached to the unit to create one integral structure.
c) Any living space addition to a manufactured housing unit shall be placed on a foundation similar to the original unit. Any addition other than living space shall have frost wall protection.
6) All disturbed areas of the site, not otherwise revegitated, shall be loamed with a minimum of 4 inches of loam, fertilized and seeded.
7) All exterior doors shall be provided with steps of a suitable design and construction to provide all-season access.
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SECTION VIII - INDEPENDENT CONSULTING AND PEER REVIEW FEES
A. Notwithstanding any other ordinance provision to the contrary and in addition to such fees as are otherwise specified by this Code, the Town shall assess fees to cover 100 percent of its costs related to independent geotechnical, hydrologic, engineering, planning, legal, and similar professional consulting services. Such fees shall be subject to the following limitations:
1) Such fees shall be expressly provided by ordinance;
2) Such consultation shall be limited to reasonable and necessary review, as allowed by the pertinent ordinance, that exceeds the expertise of Town staff or their ability to review the application materials within the time limits otherwise required by law.
3) Such fees shall be assessed only to recover costs directly associated with review of the application submitted by the applicant to whom they are assessed;
4) Such fees shall be reasonable in amount, based upon the consulting time involved and the complexity of the review;
5) The results of the consultation for which such fees are assessed shall be available for public review, but such results shall be deemed to have been made solely for the benefit of the Town of Gorham and shall remain its property; and
6) Such fees shall be assessed for the privilege of review and shall be payable without regard to consultation results or the outcome of the application.
B. An escrow account shall be established with the Town by the applicant to guarantee payment in advance of actual fees assessed pursuant to this Section. The original deposit shall be an amount specific to the application, as accorded elsewhere in this Code. If the balance in the escrow account shall be drawn down by 75 percent, the Town shall notify the applicant and require that an additional amount be deposited to cover the cost of remaining work. The Town shall continue to notify the applicant and require that an additional amount be deposited whenever the balance of the account is drawn down by 75 percent of the original deposit. Any excess amount deposited with the Town in advance shall be promptly refunded to the applicant after final action on the application.
C. Any dispute regarding the application of this Section or the amount required to be paid, either in advance or upon completion, may be appealed in writing within 10 days to the Town Manager. The Town Manager, after due notice and investigation and for good cause shown, may affirm, modify, or reverse the disputed decision or reduce the not assessed.
D. In an effort to minimize the use of outside or independent consulting, the provisions of this Section shall be subject to the following additional limitations
1. The Town Engineer will devote no less than two hours, if needed, to each development project and, if in the Town Engineer's sole judgment his/her work load permits, he/she may work additional time on an individual development project without referring it to outside or independent consulting, but he Town shall charge for such additional time at a rate to be determined by the Town Council; and
2. The Planning Director will devote no less than four hours, if needed, to each development project and, if in his/her sole discretion his/her work load permits, he/she may devote additional time to a project without referring it to outside or independent consulting, but the Town shall charge for his/her time at a rate to be
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determined by the Town Council; provided, however, in his/her sold discretion, he/she may immediately refer to outside or independent consulting any major subdivision having five or more lots or dwelling units or any major site plan.
E. This Section shall be administered by the Town Planner or other Town employee responsible for administering the ordinance under which review is sought. No building permit or certificate of occupancy may be issued nor subdivision plat released until all fees assessed hereunder have been paid in full.
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SECTION IX – THE PROVISION OF PUBLIC WATER SUPPLY1
It is the policy of the Town of Gorham to require the extension of the public water supply system to serve new development to the extent that such extensions are feasible and economically viable. The provisions of this section identify when public water supply must be used and/or the public water system extended to serve the use of land or development activity.
A. Required Provision of Public Water Supply
Unless exempted by the Planning Board in accordance with D. below, any new principal building for nonresidential use for which a building permit is issued after November 10, 2004, or any new principal building in a subdivision that was approved after November 10, 2004 and that had not had substantive Planning Board review as of November 10, 2004, , shall be connected to, and shall utilize, the public water system, if the parcel(s) on which such development occurs is located, in whole or in part, in any of the following zoning districts:
1. The Urban Residential District
2. The Village Centers District
3. The Urban Commercial District
4. The Office Residential District
5. The Narragansett Development District
6. The Black Brook and Brackett Road Special Protection District
B. Conditional Provision of Public Water Supply
Unless exempted by the Planning Board in accordance with D. below, any new principal building for nonresidential or residential use (or group of buildings that is part of the same project) for which a building permit is issued after November 10, 2004, that has a design sewage flow based upon the Maine State Plumbing Code of more than two thousand (2000) gallons per day or that is required to be provided with a fire protection sprinkler system in accordance with fire protection codes or town ordinances, or any subdivision approved after November 10, 2004 and that had not had substantive Planning Board review as of November 10, 2004, that will allow for the construction of six (6) or more dwelling units or one or more principal buildings requiring site plan review, shall be connected to, and shall utilize, the public water
system, if the parcel upon which the development is located is within three thousand (3000) feet of a Portland Water District water main as measured along existing or proposed public rights-of-way from the existing main to the nearest corner of the parcel, and the parcel is located, in whole or in part, in any of the following zoning districts:
1. The Suburban Residential District
2. The Roadside Commercial District
3. The Commercial-Office District
4. The Industrial District
5. The Rural District
C. Provision for the Orderly Extension of the Public Water System
The Planning Board may require that a subdivision or a building subject to site plan review but not covered by A. or B. above, extend and/or utilize public water supply provided by the Portland Water District if the Board determines the provision of public water to this project is necessary for the orderly extension of the public water system or for the development of the area in accordance with the Town’s adopted Comprehensive Plan, and that such extension will not be financially unreasonable based upon the methodology set forth in subsection E..
D. Exemption from Public Water Supply Requirements
1 Section added November 9, 2004
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The Planning Board shall, by formal vote, exempt a development from the requirement to extend and/or use public water supply if it finds that any one of the following conditions is met:
1. That the Portland Water District has certified, in writing, that the District’s water system cannot provide adequate service for the project including provisions for fire protection sprinkler systems without a major investment in the District’s facilities that the District is not prepared to make in a timely fashion, or
2. That the cost of providing public water service for the project is unreasonable given the anticipated benefit. The cost of providing public water service for a residential use or subdivision shall be deemed to be unreasonable if the Public Water Cost Per Unit (PWCU) exceeds the Maximum Private Water Cost Per Unit (MPWCU) based upon the methodology set forth in subsection E. The cost for providing public water service for a non-residential use or subdivision shall be deemed to be unreasonable if the estimated cost is more than twice the cost of an equivalent private water supply system including provisions for fire protection water supplies based upon the methodology set forth in subsection E, or
3. That the special provisions for utilizing private ground water supply in the Black Brook and Brackett Road Special Protection District will be met.
E. Determination of Unreasonable Cost
If a property owner or developer requests an exemption from the requirement to provide public water supply based upon the cost of providing public water supply, he/she shall submit an analysis of the estimated cost of providing public water service versus the cost of providing private water supplies.
The analysis shall be based upon the proposed development scenario as if the entire lot or parcel will be developed/subdivided and there is no potential for future additional development. The Planning Board may require that the analysis be based upon a full build-out scenario for the parcel that assumes that the entire parcel will be developed based upon the allowed zoning density with public water and cluster development, if appropriate, taking into consideration site constraints and town regulations. If only a portion of the lot or parcel is being proposed to be developed/subdivided, the analysis shall be based upon a full build-out scenario for the parcel that assumes that the entire parcel will be developed and that the area not currently proposed for development will be developed based upon the allowed zoning
density with public water and cluster development, if appropriate, taking into consideration site constraints and town regulations. The development scenario shall be submitted to the Town Planner and shall be subject to the Planner’s and Planning Board’s approval as a reasonable development scenario for the parcel.
1. Residential Developments -- The cost of providing public water service for a residential use or subdivision shall be deemed to be unreasonable if the Public Water Cost Per Unit (PWCU) exceeds the Maximum Private Water Cost Per Unit (MPWCU) based upon the following methodology:
Step1. Determine the PUBLIC WATER COST PER UNIT (PWCU) based upon the following formula:
PWCU = (((((SL X $75) + (NL X $40))/UN) + $1,425) X CCIF) + (((LDG) X CCIF) + EX)/UN)
Where: SL = the lineal feet of new water main in an existing street,
NL = the lineal feet of new water main in a proposed street or right-of- way,
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UN = the number of units in the development to be served,
CCIF = Construction Cost Inflation Factor
LDG = the estimated current cost for ledge trench at $20 per lineal foot times the estimated number of feet of ledge trench or other estimate of ledge removal cost approved by the Planning Board based upon field knowledge/documentation provided by the applicant
EX = the estimated current cost for any extraordinary costs for the water service such as bridge crossings
and $75 is the typical cost per foot for a water main in an existing street, $40 is the typical cost per foot for a water main in a new street or right-of-way, and $1,425 is the typical average cost for a house service, and
CCIF = ENR CCI Current/ENR CCI 5-04 where ENR CCI Current is the ENR Construction Cost Index for the month in which the calculation is made as published in ENR (Engineering News-Record) magazine and ENR CCI 5-04 is the ENR Construction Cost Index for May 2004
Step 2. Determine the MAXIMUM PRIVATE WATER COST PER UNIT (MPWCU) based upon the following formula
MPWCU = (($5,500 X 2) + $5,000) X 1.1)X CCIF
Where: CCIF = Construction Cost Inflation Factor, and $5,500 is the typical developer cost for a well and $5000 is the typical cost for residential sprinkler system.
Step 3. Compare the calculated PWCU to the calculated MPWCU to determine if providing public water supply is reasonable.
2. Non-Residential Developments -- The cost for providing public water service for a non-residential use or subdivision shall be deemed to be unreasonable if the estimated cost for the public water supply is more than twice the cost of an equivalent private water supply system including provisions for fire protection water supplies. The analysis shall be prepared by a Maine licensed professional engineer based upon documented construction costs and reviewed and approved by the Portland Water District unless this requirement is waived by the Planning Board based upon the scale or nature of the development.
The cost for supplying public water shall include the estimated cost of any water main extensions and required upgrades to existing facilities as well as the cost for providing local water mains and services within the project and shall be reduced by any cost sharing by the Water District, any impact fee revenues available to fund the project, and any other potential sources of outside funding. In evaluating the reasonableness of providing public water service, the Planning Board shall consider the potential for cost sharing with any approved developments or any projects for which a pre-application or application has been filed. The cost for private water supplies shall include the cost for the private supplies, services, and any provisions for fire protection required by this Code or the fire protection or building
codes.
F. Responsibility and Standards for Extensions of the System
If a parcel or lot proposed for development or subdivision is required to be connected to, and utilize, the public water system, and a public water main is not available adjacent to the parcel or lot to provide the service, the owner or developer of the parcel or lot shall be responsible for extending a public water main within an adjacent public street or other public right-of-way approved by the Town Council to provide water service to the proposed building or subdivision at
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his/her cost. The extension shall be designed by a Maine licensed Professional Engineer, shall meet the design and construction standards of the Portland Water District, shall be constructed at the property owner’s or developer’s expense, shall be inspected in accordance with the requirements of the Water District, and shall be transferred to the Portland Water District upon completion.
Any water main extension undertaken to comply with the requirements of this section shall include the installation of fire hydrants in accordance with the standards of the Gorham Fire Department and fire protection codes.
G. Town Council Waiver of Public Water Supply Requirements
The Town Council may waive the requirement for the use or extension of the public water system if the Council finds that: 1) the cost of providing public water will be an economic hardship for the property owner when compared to the benefits of such an extension, and 2) that the granting of such a waiver shall not adversely impact the orderly extension of the public water supply system nor create unnecessary fire protection risks for the property owner or adjacent properties.
A request for a waiver of the public water supply requirement shall be made in writing to the Town Manager within thirty (30) days of the Planning Board’s determination that public water shall be used/extended and prior to the approval of the final plan by the Planning Board. The request shall set forth the specific hardship that will result from compliance with the requirement.
In granting a waiver, the Town Council may impose conditions relative to the future use and development of the property or the provision of private fire protection water supplies. If a waiver is granted, any conditions imposed by the Council shall become conditions of approval of the plan if the plan is approved by the Planning Board and the conditions shall be listed on the approved plan.
H. Areas Subject to Impact Fees
Where the extension of public water service has occurred or will occur prior to the approval of the development by the Planning Board, the applicant shall substitute the water supply portion of the impact fee per unit for the cost per unit of the water main extension covered by the impact fee in calculations under this Section. The owner or developer will remain responsible for the payment of the public water impact fee as well as being subject to any applicable requirements of this Section.
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SECTION X - FIRE PROTECTION WATER SUPPLY
A. Purpose. The purpose of this Section is to establish standards for the installation of fire protection water supplies in residential subdivisions where a public water system and hydrants are not available.
B. Applicability. This Section applies to all applications for new residential subdivisions and for the expansion of existing or already approved residential subdivisions.
C. Standards. Where a public water system and hydrants are not available for fire protection, a developer shall install a fire protection water supply that meets the following standards:
1) Except as otherwise provided in Subsection C(6) of this Section, the fire protection water supply shall include a fire pond which shall be designed with 2:1 pitched bankings and shall have a minimum depth of ten feet (10').
2) The fire pond shall contain a minimum of 120,000 gallons of water in storage as certified by a registered professional engineer, for the purpose of supplying the fire flow requirements of 500 gallons per minute for the duration of two (2) hours, with the additional amount being a safety margin for dry weather and additional fires.
This water storage level shall be maintained at all times by a spring, well point, pumping facility and rain and snow run-off.
An overflow system shall be installed with proper drainage materials and facilities to handle the projected overflow.
3) The fire protection water supply shall include dry hydrants and associated piping and materials, which shall be installed in accordance with the illustration attached hereto as Figure 1 and the provisions of paragraph 5.
4) In cases where the dry hydrant cannot be placed next to a Town accepted street, an access road to the dry hydrant shall be provided to allow a fire department pumper to be capable of connecting to the dry hydrant connection with one (1) ten foot (10') length of hard suction hose.
The access road shall be a mini D of twelve feet (12') wide and capable of handling fire department apparatus in all seasons and weather conditions. The access road shall be approved as meeting these requirements by the Town Engineer, and the developer shall, prior to final subdivision approval, provide an executed easement deed to this access road to the Town in a form approved by the Town Attorney. The access road shall be posted "No Parking Fire Lane".
5) Dry hydrants shall be installed in accordance with the following standards:
a) A minimum of eight inch (8") piping and fittings shall be utilized from the screen to the 90 degree elbow.
b) Piping and fittings shall be a minimum of schedule 40 rating. The streamer hose connection shall be bronze with a 4 1/2 inch National Standard Thread (NST).
c) The riser piping and 90 degree elbows shall be schedule 40 steel.
d) The piping from the suction screen to the 90 degree elbow below ground shall be schedule 40 PVC pipe capped off at the screen end.
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e) All pipe connections shall be cleaned and cemented so as to provide air tight connections.
f) The 90 degree elbow below ground shall have six feet (6') of cover from finished grade.
g) The maximum amount of lift permitted shall be fifteen feet (15') as measured from the surface of the water to the center of the suction inlet of a pumper at draft at the dry hydrant.
h) The riser piping shall be exposed above grade level twenty-four inches (24") as measured from the center of the hydrant opening to the grade level of the fire apparatus position.
i) A suction screen shall be formed in the end of the PVC pipe by drilling a minimum of nine hundred and sixty (960) 3/8" holes along the piping leaving a four inch (4") wide strip along the top of the pipe that is not drilled. The section screen shall be raised off the bottom of any Fire Pond twenty-four inches (24"), and shall be twenty-four inches (24") away from any of the sides of the pond.
j) All piping and fittings exposed to sunlight shall be primed and painted with fluorescent orange reflective paint, except the threads of the streamer connection.
k) The hydrant riser pipe shall be protected with four inch (4") in diameter steel pumper posts that are at least three feet (3') above grade.
l) The area around the pond and where the piping has been installed shall be graded and seeded.
m) Fencing is optional; however, if a fence is provided it shall have a gate access point and a lock box shall be installed holding the keys for the gate.
n) The maximum distance from the dry hydrant to any dwelling with the project shall be two thousand feet (2,000')
6) Storage tanks. In cases where a pond cannot be supported, the developers shall install underground storage tanks, the size and number of which shall be determined by the Fire Chief; proof shall be supplied by the developer that the property to be developed will not support a fire pond before the developer will be allowed to substitute underground storage tanks for a fire pond.
D. Easement Deed. The developer shall, prior to final subdivision approval, provide an executed dry hydrant easement deed to the Town in a form approved by the Town Attorney to provide the Town of Gorham with the right to enter onto the property to use, maintain, repair, replace and install the fire pond or underground storage tanks, dry hydrant, water lines and all necessary fixtures and appurtenances.
E. Plan. A detailed plan of the fire pond or underground storage tanks, hydrant, piping, overflow and roadway shall be submitted to the Fire Chief and Town Engineer and to the Planning Board as part of the Preliminary Plan submission in Chapter III, Section III B(17) of this Code. The Fire Chief and Town Engineer shall review the plan and make their recommendations in writing to the Planning Board.
F. Inspection. The fire protection water supply with dry hydrant shall be installed by the
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developer in accordance with these standards and no certificate of occupancy for any dwelling in the subdivision shall be issued unless and until the fire protection water supply and dry hydrant are tested and approved as being in working order by the Fire Chief or his designee and the Town Engineer.
G. The requirement of Compliance with this ordinance shall not apply if the developer, as a written condition of subdivision approval, agrees to install a sprinkler system in each and every dwelling in accordance with the Town's Sprinkler Ordinance.
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